Purchase and Sale of Securities. a. Promptly after any purchase of Securities for the account of the Fund, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase: (a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions. b. Promptly after the sale of Securities held by the Fund, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities. c. [Reserved.] d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services. e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice. (i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility. (ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 7 contracts
Samples: Mutual Fund Custody Agreement (Sei Liquid Asset Trust), Mutual Fund Custody Agreement (Sei Tax Exempt Trust), Mutual Fund Custody Agreement (Sei Asset Allocation Trust)
Purchase and Sale of Securities. a. Promptly after any purchase of (a) Subject to the terms and conditions herein set forth, the Company agrees to issue and sell the Securities to the public through the Underwriters, and the Underwriters agree to offer and sell the Securities for the account Company on a best efforts basis, at a purchase price equal to the Per Share Price; provided that notwithstanding anything in this Agreement to the contrary, the Company will be under no obligation to sell any Securities hereunder unless, upon the Closing, the Securities would be eligible for listing on the NYSE Amex (i.e., upon Closing at least 100,000 of the FundSecurities must be outstanding and such Securities must be held in the aggregate by at least 100 round lot stockholders holding an aggregate of at least $2,000,000 in shares). The Underwriters shall endeavor to sell the Securities on behalf of the Company to both retail and institutional investors (each an “Investor,” collectively, the Fund shall deliver to Wachovia (as custodian“Investors”) Proper Instructions specifying for each purchase:
(a) upon the name of terms and conditions set forth in the issuer Disclosure Package and the title of the Securities, Prospectus.
(b) The Underwriters may retain other brokers or dealers (each a “Selected Dealer”) who are members in good standing of FINRA and duly registered as broker-dealers under the number Exchange Act and under the laws of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for any states in which the purchase was made. Wachovia shall upon receipt of Securities purchased Offering is conducted (except where such registration is not required by or for law) to assist them and to act as subagents on their behalf in connection with the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fund, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to itOffering, and may deliver Securities and arrange for payment in accordance enter into agreements with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable such Selected Dealers for the acts or omissions offer and sale of any broker or agent (except an affiliate the Securities adopting such provisions of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash this Agreement for the benefit of the Fund (including subdivisions Selected Dealers as the Underwriters deem appropriate; provided, however, that the Company will only be obligated to pay the Underwriters, in accordance with the terms of accounts maintained in different currencies) shall constitute one single this Agreement, for their services rendered hereunder and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with make any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality payment of any put or call option sold on the Fund’s behalf, the propriety of kind to any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilitysuch Selected Dealer.
(iic) Wachovia’s responsibility as It is understood and agreed that the Underwriters shall not and are under no obligation to futurespurchase any Securities for their own account and that this Agreement does not create any partnership, putsjoint venture, or other similar relationship between or among the Underwriters and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of optionsCompany.
Appears in 5 contracts
Samples: Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.), Underwriting Agreement (GreenHunter Energy, Inc.)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Fund Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Trust or its designee out of the monies moneys held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Trust upon receipt for the account of the Fund of the total amount payable to the such Fund upon such sale, ; provided that the same conforms to the total amount payable to such Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 4 contracts
Samples: Custody Agreement (Boston Trust Walden Funds), Custody Agreement (Smead Funds Trust), Custody Agreement (Forum Funds)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities by the Fund for the account of the FundSeries, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Series, pay out of the monies held for the account of the Fund Series Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the FundFund for the Series, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund Series will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Series, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Series. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund for the Series;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund for the Series;
3.) for the purpose of compliance by the Series with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Fund Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Series unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund for the respective Series payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 2 contracts
Samples: Custody Agreement (Vontobel Funds Inc), Custody Agreement (Vontobel Funds Inc)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account (“Advice”)) shall only upon receipt of such Securities or Advice pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities only upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety proceeds of any purchase or salewhich shall be due to the relevant Portfolio, or otherwise invested by the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the FundTrust’s sole responsibilityinvestment advisor.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Custody Agreement, Custody Agreement (Ashmore Funds)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia First Union (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia First Union shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia First Union (as Custodian) Proper Instructions, specifying for each sale: :
(a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia First Union shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia First Union may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when First Union is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefor may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with First Union's delivery of Securities pursuant to instructions of the Fund.]
d. Wachovia Upon the Fund's Proper Instructions, First Union shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of First Union only as the Fund directs. First Union shall not be liable for the acts or omissions of any broker or agent (except an affiliate of WachoviaFirst Union). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia First Union shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia First Union issues or in money market or other mutual funds for which Wachovia First Union or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia First Union or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia First Union has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, First Union shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among First Union, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia First Union shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia First Union be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia First Union shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia First Union specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the tot he requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) Wachovia’s For puts, calls, and futures traded on commodities exchanges, First Union shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among First Union, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) First Union's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 18 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (PBHG Insurance Series Fund), Mutual Fund Custody Agreement (PBHG Funds Inc /)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund or its designee out of the monies moneys held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon such sale, ; provided that the same conforms to the total amount payable to the Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Custody Agreement (AB CarVal Credit Opportunities Fund), Custody Agreement (AB CarVal Opportunistic Credit Fund)
Purchase and Sale of Securities. a. Promptly after any purchase of Securities for the account of the Fund, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fund, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to 5 to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(ii) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (Advisors Inner Circle Fund II), Mutual Fund Custody Agreement (Sei Institutional Investments Trust)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund Trust, through its investment adviser or subadviser acting as its agent, shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Fund Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Trust or its designee out of the monies moneys held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Trust upon receipt for the account of the Fund of the total amount payable to the such Fund upon such sale, ; provided that the same conforms to the total amount payable to such Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Custody Agreement (JOHCM Funds Trust), Custody Agreement (JOHCM Funds Trust)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 2 contracts
Samples: Custody Agreement (RNC Liquid Assets Fund Inc), Custody Agreement (Monterey Mutual Fund)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Custody Agreement (Northern Institutional Funds), Custody Agreement (Northern Funds)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as CustodianWachovia) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefor may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, NASDAQ, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s Funds behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 18 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (Agilex Funds), Mutual Fund Custody Agreement (Madison Harbor Balanced Strategies Inc)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 2 contracts
Samples: Custody Agreement (Maxus Equity Fund), Custody Agreement (Amidex Funds Inc)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefor may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia , any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the tot he requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 18 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund), Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Fund Book-Entry System that the Securities have been transferred to the Custodian’s account or upon receipt of instructions relating to an Off-Book Cash Account) shall pay to the broker or other person specified by the Trust or its designee out of the monies Cash held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Trust upon receipt for the account (or upon confirmation of the Fund receipt in an Off-Book Cash Account) of the total amount payable to the such Fund upon such sale, ; provided that the same conforms to the total amount payable to such Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, Cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Funds may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia For the avoidance of doubt, this Section 7(c) shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered apply to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilityOn-Book Currency only.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 2 contracts
Samples: Custody Agreement (MidBridge Private Markets Fund), Custody Agreement (Northern Lights Fund Trust Iii)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia First Union (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia First Union shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia First Union (as CustodianFirst Union) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia First Union shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia First Union may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when First Union is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefor may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with First Union's delivery of Securities pursuant to instructions of the Fund.]
d. Wachovia Upon the Fund's Proper Instructions, First Union shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of First Union only as the Fund directs. First Union shall not be liable for the acts or omissions of any broker or agent (except an affiliate of WachoviaFirst Union). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia First Union shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia First Union issues or in money market or other mutual funds for which Wachovia First Union or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia First Union or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia First Union has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, NASDAQ, or over-the-counter, First Union shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among First Union, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia First Union shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia First Union be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia First Union shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia First Union specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) Wachovia’s For puts, calls, and futures traded on commodities exchanges, First Union shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among First Union, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) First Union's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 19 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Global Custody Agreement (Nottingham Investment Trust Ii)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable by the Portfolio upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Fund Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Trust or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, ; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Trust upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, ; provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilityTrust.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Fund Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Trust or its designee out of the monies moneys held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund Trust or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Trust upon receipt for the account of the Fund of the total amount payable to the such Fund upon such sale, ; provided that the same conforms to the total amount payable to such Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Funds may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilityTrust.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of the by a Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund a Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the a Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia , The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the a total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instruction so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666. or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Fenimore Asset Management Trust)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which am not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchasesuch purchase the:
(a) the 1. name of the issuer and the title of the Securities, (b) the number of shares or the ,
2. principal amount purchased and accrued interest, if any, (c) the dates ,
3. date of purchase and settlement, (d) the ,
4. purchase price per unit, (e) the ,
5. total amount payable upon the purchasepayable, (f) the and
6. name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (a) the such sale the:
1. name of the issuer and the title of the security, (b) the number of shares or Securities,
2. principal amount sold, sold and accrued interest, if any, (c) the dates ,
3. date of sale and settlement, (d) the ,
4. sale price per unit, (e) the ,
5. total amount payable to the Fund upon salereceivable, (f) the and
6. name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1. in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2. for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3. for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4. for other corporate purposes, only in the Case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the. amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Rainbow Fund Inc)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be AIT – Lion Global Page 10 specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Custody Agreement
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies;and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book- Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, ; provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of . (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, ; provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and made, if any. The Custodian or specified Sub-Custodian shall (gx) receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account); (y) pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable upon such purchase; and (z) make an entry on the records of the Custodian and Sub-Custodian to reflect such transfer and payment for the person from whom or the broker through whom the purchase was made, account of such Portfolio; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and made. The Custodian or relevant Sub-Custodian shall (gx) deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to such Portfolio upon such sale and (y) make an entry on the Fund upon sale, records of the Custodian to reflect such transfer and payment for the account of such Portfolio; provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for Securities, the account Fund or the Delegate of the Fund, the Fund shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund or its designee out of the monies moneys held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, upon such purchase; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by Securities, the Fund, Fund or the Delegate of the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon such sale, ; provided that the same conforms to the total amount payable to the Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National. Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund shall be limited as set forth unless there is sufficient cash in subparagraph (f)(ithe account(s) at the time or to settle the sale of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of optionsany Securities from an account(s) unless such Securities are in deliverable form.
Appears in 1 contract
Samples: Custody Agreement (Timothy Plan)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for Securities, the account Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Fund, the Fund shall deliver to Wachovia ; (as custodian) Proper Instructions specifying for each purchase:
(a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian's account) shall pay to the broker or other person specified by the Fund or its designee out of the monies moneys held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the issuer and the title of the security, Securities; (b2) the number of shares or principal amount sold, and accrued interest, if any, ; (c3) the dates date of sale and settlement, sale; (d4) the sale price per unit, ; (e5) the total amount payable to the Fund upon such sale, ; and (f6) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon such sale, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not (c) Notwithstanding (a) and (b) above, cash may be liable invested by the Custodian for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include short term purposes pursuant to standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Custody Agreement (NT Equity Long/Short Strategies Fund)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund; 2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Declaration Fund)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker- dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies;
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Valley Forge Capital Holdings Total Return Fund Inc)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a) the 1.1 name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and &d settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities sealing that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be. made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.1 in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), and any account relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.1 for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if or commodity futures contracts or options thereon purchased or sold by the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.Fund;
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia (as custodian) Proper Instructions the Custodian an Instruction specifying for with respect to each purchase:such
(a1) the name of the Portfolio to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodianI) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:
(asuch purchase the; 1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as CustodianI) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the; 1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund; 2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia , any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the tot he requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 18 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Tilson Investment Trust)
Purchase and Sale of Securities. a. 1. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper Instructions with respect to each purchase of Securities which are not Money Market Securities, a Certificate, and (ii) with respect to each purchase of Money Market Securities, a Certificate or Oral Instructions, specifying for with respect to each such purchase:
: (a) the Series to which such Securities are to be specifically allocated; (b) the name of the issuer and the title of the Securities, ; (bc) the number of shares or the principal amount purchased and accrued interest, if any, ; (cd) the dates date of purchase and settlement, ; (de) the purchase price per unit, ; (ef) the total amount payable upon the such purchase, ; (fg) the name of the person from whom or the broker through whom the purchase was made made, and the name of the clearing broker, if any; and (gh) the Portfolio name of the Fund for which the purchase was broker to whom payment is to be made. Wachovia shall The Custodian shall, upon receipt of Securities purchased by or for the Fund Fund, pay to the broker specified in the Certificate out of the monies money held for the account of the Fund such Series the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper such Certificate or Oral Instructions.
b. 2. Promptly after the each sale of Securities held by the Fund, other than any Reverse Repurchase Agreement, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, a Certificate, and (ii) with respect to each sale of Money Market Securities, a Certificate or Oral Instructions, specifying for with respect to each such sale: (a) the Series to which such Securities were specifically allocated; (b) the name of the issuer and the title of the security, Security; (bc) the number of shares or principal amount sold, and accrued interest, if any, ; (cd) the dates date of sale and settlement, sale; (de) the sale price per unit, ; (ef) the total amount payable to the Fund upon such sale, ; (fg) the name of the broker through whom or the person to whom the sale was made made, and the name of the clearing broker, if any; and (gh) the Portfolio name of the Fund for which broker to whom the sale was madeSecurities are to be delivered. Wachovia The Custodian shall deliver the Securities upon receipt for specifically allocated to such Series to the account of broker specified in the Fund Certificate against payment of the total amount payable to the Fund upon such sale, provided that the same conforms to the total amount payable as set forth in Proper such Certificate or Oral Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Custody Agreement (Valiant Fund)
Purchase and Sale of Securities. a. 1. Promptly after any each purchase of Securities for by the account Trust on behalf of the a Fund, the Fund Primary Custodian shall deliver to Wachovia the Custodian (i) with respect to each purchase of Securities which are not normally required to be settled on the same day as custodiansuch purchase, a Certificate, and (ii) Proper Instructions with respect to each other purchase of Securities, a Certificate or Oral Instructions, specifying for with respect to each such purchase:
: (a) the Fund to which such Securities are to be specifically allocated; (b) the name of the issuer and the title of the Securities, ; (bc) the number of shares or the principal amount purchased and accrued interest, if any, ; (cd) the dates date of purchase and settlement, ; (de) the purchase price per unit, ; (ef) the total amount payable upon the such purchase, ; (fg) the name of the person from whom or the broker through whom the purchase was made made, and the name of the clearing broker, if any; and (gh) the Portfolio name of the Fund for which the purchase was broker to whom payment is to be made. Wachovia shall The Custodian shall, upon receipt of Securities purchased by or for such Fund, pay to the Fund pay broker specified in the Certificate out of the monies money held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper such Certificate or Oral Instructions.
b. 2. Promptly after the each sale of Securities held by the Trust on behalf of a Fund, the Fund Primary Custodian shall deliver to Wachovia the Custodian (i) with respect to each sale of Securities which are not normally required to be settled on the same day as Custodiansuch sale, a Certificate, and (ii) Proper with respect to each other sale of Securities, a Certificate or Oral Instructions, in either case, specifying for with respect to each such sale: (a) the Fund to which such Securities were specifically allocated; (b) the name of the issuer and the title of the security, Security; (bc) the number of shares or principal amount sold, and accrued interest, if any, ; (cd) the dates date of sale and settlement, sale; (de) the sale price per unit, ; (ef) the total amount payable to the Fund upon such sale, ; (fg) the name of the broker through whom or the person to whom the sale was made made, and the name of the clearing broker, if any; and (gh) the Portfolio name of the Fund for which broker to whom the sale was madeSecurities are to be delivered. Wachovia The Custodian shall deliver the Securities upon receipt for specifically allocated to such Fund to the account of broker specified in the Fund Certificate against payment of the total amount payable to the Fund upon such sale, provided that the same conforms to the total amount payable as set forth in Proper such Certificate or Oral Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia (as custodian) Proper Instructions the Custodian an Instruction specifying for with respect to each such purchase:
(a1) the name of the Fund;
(2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and
(f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian's account) shall pay to the broker or other person specified by the Fund or its designee out of the monies moneys held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an instruction specifying for with respect to each such sale: (a1) the name of the issuer and the title of the security, Securities; (b2) the number of shares or principal amount sold, and accrued interest, if any, ; (c3) the dates date of sale and settlement, sale; (d4) the sale price per unit, ; (e5) the total amount payable to the Fund upon such sale, ; and (f6) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon such sale, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not (c) Notwithstanding (a) and (b) above, cash may be liable invested by the Custodian for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include short term purposes pursuant to standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian's account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Brass Funds Inc)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of the by a Fund, the Fund Corporation shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchasesuch purchase the:
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund a Fund, pay out of the monies held for the account of the Fund Assets the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the a Fund, the Fund Corporation shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each salesuch sale the: (a1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of each fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the Fund sale of Securities settling that day will be credited to the account of each Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Corporation.
E. The Custodian shall, upon receipt of Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of each Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions)Corporation, Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund; 2.) for purposes of segregating cash or government securities in connection with options purchased, sold or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the Fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of resolution of the Board of Directors of the Corporation, certified by its Secretary, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of a Fund unless there is sufficient cash in that Fund's account at the time or to settle the sale of any Securities from the account unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon receipt of the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia , any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the tot he requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 18 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Aha Investment Funds Inc)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the a Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the a Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the a Fund shall deliver to Wachovia (as CustodianWachovia) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Each Fund understands that when Wachovia shall is instructed to deliver Securities against payment, under some circumstances, delivery of the Securities and receipt of payment therefor may not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia)completed simultaneously. Upon the Fund’s Wachovia will only settle transactions by means other than payment versus delivery when specifically so instructed in Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions received from the Fund. Wachovia shall have no The Fund assumes full responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker all credit risks involved in connection with an option or deposited Wachovia's delivery of Securities pursuant to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilitysuch Proper Instructions.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) if applicable, the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) if applicable, the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Fund Custody Agreement (Tortoise North American Energy Corp)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase, of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia’s delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund’s Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund’s transactions.
(iv) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the by a Fund, the such Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Fund to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Fund and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the such Fund the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the a Fund, the such Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund upon such sale, ; (f7) the name of the broker through whom or the person to whom the sale was made made; and (g) 8) the Portfolio of consideration received therefor. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the such Fund upon such sale, provided that the same conforms to the total amount payable to such Fund as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia may the Custodian shall inform the Fund if the Custodian or the relevant Sub-Custodian will not accept payment for the account of the Fund in any such form as shall be satisfactory to itother than cash or securities, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not (c) Notwithstanding (a) and (b) above, cash in a Fund may be liable invested by the Custodian on behalf of such Fund for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include short term purposes pursuant to standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund; 2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and (g) made, if any. The Custodian or specified Sub-Custodian shall receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) shall pay to the broker or other person specified by the Fund pay or its designee out of the monies Cash held for the account of the Fund such Portfolio the total amount payable to the person from whom or the broker through whom the purchase was madeupon such purchase, provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and (g) made. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, Cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia For the avoidance of doubt, this Section 7(c) shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered apply to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibilityOn-Book Currency only.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian, shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom though which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, if required by the Investment Company Act of 1940, or the rules and regulations thereunder or upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board Of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia (as custodian) Proper Instructions specifying for each purchase:
: (a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) if applicable, the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia (as Custodian) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) if applicable, the Portfolio of the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when Wachovia is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to instructions of the Fund.]
d. Upon the Fund's Proper Instructions, Wachovia shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of Wachovia only as the Fund directs. Wachovia shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s 's Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any a cash account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund a cash account to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) For puts and calls traded on securities exchanges, Nasdaq, or over-the-counter, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia , any broker-dealer that is a member of the NASD, and, if necessary, the Fund, relating to compliance with rules of the Options Clearing Corporation and of any registered national securities exchange, or of any similar organization or organizations.
(ii) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s 's behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s 's sole responsibility.
(iiiii) For puts, calls, and futures traded on commodities exchanges, Wachovia shall take action as to put options and call options the Fund purchases or sells (writes) regarding escrow or other arrangements in accordance with the provisions of any agreement entered into upon receipt of Proper Instructions among Wachovia, any futures commission merchant registered under the Commodity Exchange Act, and the Fund, relating to compliance with rules of the Commodity Futures Trading Commission and/or any Contract Market, or of any similar organization or organizations, regarding account deposits for the Fund's transactions.
(iv) Wachovia’s 's responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(if)(ii) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Fund Custody Agreement (Tortoise North American Energy Corp)
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia First Union (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia First Union shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia First Union (as CustodianFirst Union) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia First Union shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia First Union may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall The Fund understands that when First Union is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be liable completed simultaneously. The Fund assumes full responsibility for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker all credit risks involved in connection with any option, nor shall Wachovia be under any obligation or duty First Union's delivery of Securities pursuant to present the option to the broker for exercise unless it receives Proper Instructions from instructions of the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Ameritor Investment Fund)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instruction so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Khan Fund)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person from whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, only in the case of this clause 4 upon receipt of a copy of a resolution of the Board of Directors of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. Promptly after the investment adviser (or any purchase of Securities for the account of the Fundsub-adviser) purchases Securities, the Fund shall deliver to Wachovia First Union (as custodian) Proper Instructions specifying for each purchase:
(a) the name of the issuer and the title of the Securities, (b) the number of shares or the principal amount purchased and accrued interest, if any, (c) the dates of purchase and settlement, (d) the purchase price per unit, (e) the total amount payable upon the purchase, (f) the name of the person from whom or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which the purchase was made. Wachovia First Union shall upon receipt of Securities purchased by or for the Fund pay out of the monies held for the account of the Fund the total amount payable to the person from whom or the broker through whom the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper Instructions.
b. Promptly after the sale of Securities held by the Fundinvestment adviser (or any sub-adviser) sells Securities, the Fund shall deliver to Wachovia First Union (as CustodianFirst Union) Proper Instructions, specifying for each sale: (a) the name of the issuer and the title of the security, (b) the number of shares or principal amount sold, and accrued interest, if any, (c) the dates of sale and settlement, (d) the sale price per unit, (e) the total amount payable to the Fund upon sale, (f) the name of the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which the sale was made. Wachovia First Union shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund upon sale, provided that the same conforms to the total amount payable as set forth in Proper Instructions. Subject to the foregoing, Wachovia First Union may accept payment for the account of the Fund in any form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [ReservedThe Fund understands that when First Union is instructed to deliver Securities against payment, delivery of the Securities and receipt of payment therefore may not be completed simultaneously. The Fund assumes full responsibility for all credit risks involved in connection with First Union's delivery of Securities pursuant to instructions of the Fund.]
d. Wachovia Upon the Fund's Proper Instructions, First Union shall purchase or sell Securities and is authorized to use any broker or agent in connection with these transactions, but shall use affiliates of First Union only as the Fund directs. First Union shall not be liable for the acts or omissions of any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.First -------------------------------------------------------------------------------- 18
Appears in 1 contract
Samples: Mutual Fund Custody Agreement (Ameritor Security Trust)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for by the account of the Fund, Fund the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of by the Fund, the Fund shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchase:such purchase the;
(a1.) the name of the issuer and the title of the Securities, (b2.) the number of shares or the principal amount purchased and accrued interest, if any, (c3.) the dates date of purchase and settlement, (d4.) the purchase price per unit, (e5.) the total amount payable upon the purchasepayable, (fand 6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund Fund, pay out of the monies held for the account of the Fund Assets, the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the Fund, the Fund shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the;
1.) the name of the issuer and the title of the securitySecurities, (b2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c3.) the dates date of sale and settlement, (d4.) the sale price per unit, (e5.) the total amount payable to the Fund upon salereceivable, (fand 6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the account of the Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund.
E. The Custodian shall, upon receipt of a Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of the Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund; 2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund; 3.) for the purpose of compliance by the fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies; and 4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board of Trustees of the Fund, certified by the Secretary of the Fund, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of the Fund unless there is sufficient cash in the account(s) at the time or to settle the sale of any Securities from an account(s) unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account(s) at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (Bjurman Funds)
Purchase and Sale of Securities. a. A. Promptly after any each purchase of Securities for the account of the by a Fund, the Fund Corporation shall deliver to Wachovia the Custodian (as custodiani) Proper with respect to each purchase of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each purchase of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each purchasesuch purchase the:
(a1.) the name of the issuer and the title of the Securities, (b,
2.) the number of shares or the principal amount purchased and accrued interest, if any, (c,
3.) the dates date of purchase and settlement, (d,
4.) the purchase price per unit, (e,
5.) the total amount payable upon the purchasepayable, (fand
6.) the name of the person from whom whom, or the broker through whom the purchase was made and (g) the Portfolio of the Fund for which which, the purchase was made. Wachovia shall upon The Custodian shall, against receipt of Securities purchased by or for the Fund a Fund, pay out of the monies held for the account of the Fund Assets the total amount payable to the person from whom or the broker through whom which the purchase was made, provided that the same conforms to the total amount payable as set forth in Proper such Written Instructions or Oral Instructions, as the case may be.
b. B. Promptly after the each sale of Securities held by the a Fund, the Fund Corporation shall deliver to Wachovia the Custodian (as Custodiani) Proper with respect to each sale of Securities which are not Money Market Securities, Written Instructions, and (ii) with respect to each sale of Money Market Securities, Written Instructions or Oral Instructions, specifying for with respect to each sale: (asuch sale the:
1.) the name of the issuer and the title of the security, (bSecurities,
2.) the number of shares or principal amount sold, sold and accrued interest, if any, (c,
3.) the dates date of sale and settlement, (d,
4.) the sale price per unit, (e,
5.) the total amount payable to the Fund upon salereceivable, (fand
6.) the name of the person to whom, or the broker through whom or the person to whom the sale was made and (g) the Portfolio of the Fund for which which, the sale was made. Wachovia The Custodian shall deliver the Securities upon against receipt for the account of the Fund of the total amount payable to the Fund upon salereceivable, provided that the same conforms to the total amount payable receivable as set forth in Proper such Written Instructions or Oral Instructions. Subject to , as the foregoingcase may be.
C. On contractual settlement date, Wachovia may accept payment for the account of each Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Likewise, on contractual settlement date, proceeds from the Fund sale of Securities settling that day will be credited to the account of each Fund, irrespective of delivery.
D. Purchases and sales of Securities effected by the Custodian will be made on a delivery versus payment basis. The Custodian may, in any form as shall be satisfactory its sole discretion, upon receipt of a Certificate, elect to settle a purchase or sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Corporation.
E. The Custodian shall, upon receipt of Written Instructions so directing it, establish and maintain a segregated account or accounts for and on behalf of each Fund. Cash and/or Securities may deliver Securities and arrange be transferred into such account or accounts for payment specific purposes, to-wit:
1.) in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions provision of any broker or agent (except an affiliate of Wachovia). Upon agreement among the Fund’s Proper Instructions (which may include standing instructions)Corporation, Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by lawCustodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as limited by Paragraph 12 hereofamended, any account holding cash for the benefit and also a member of the Fund National Association of Securities Dealers (including subdivisions of accounts maintained in different currenciesNASD) shall constitute one single and indivisible Account. Consequently, Wachovia has the right, among others, to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant accountregistered under the Commodity Exchange Act), relating to compliance with the rules of the Options Clearing Corporation and of any registered national securities exchange, the Commodity Futures Trading Commission, any registered contract market, or any similar organization or organizations requiring escrow or other similar arrangements in connection with transactions by the Fund;
2.) for purposes of segregating cash or government securities in connection with options purchased, sold, or written by the Fund or commodity futures contracts or options thereon purchased or sold by the Fund;
3.) for the purpose of compliance by the Fund with the procedures required for reverse repurchase agreements, firm commitment agreements, standby commitment agreements, and short sales by Act Release No. 10666, or any account subsequent release or releases or rule of the Securities and Exchange Commission relating to the maintenance of segregated accounts by registered investment companies;
4.) for other corporate purposes, ONLY IN THE CASE OF THIS CLAUSE 4 upon receipt of a copy of a resolution of the Board Of Directors of the Corporation, certified by its Secretary, setting forth the purposes of such segregated account.
F. Except as otherwise may be agreed upon by the parties hereto, the Custodian shall not be required to comply with any Written Instructions to settle the purchase of any Securities on behalf of a Fund unless there is sufficient cash in that Fund's account at the time or to settle the sale of any Securities from the account unless such Securities are in deliverable form. Notwithstanding the foregoing, if the purchase price of such Securities exceeds the amount of cash in the account at the time of such purchase, the Custodian may, in its sole discretion, advance the amount of the difference in order to settle the purchase of such Securities. The amount of any such advance shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if deemed a loan from the subparagraph referred Custodian to futures commission merchants rather than brokers, the Fund payable on demand and futures and puts and calls thereon instead of optionsbearing interest accruing from the date such loan is made up to but not including the date such loan is repaid at a rate per annum customarily charged by the Custodian on similar loans.
Appears in 1 contract
Samples: Custody Agreement (One Fund Inc)
Purchase and Sale of Securities. a. (a) Promptly after any the purchase of Securities for the account of the FundSecurities, the Fund or its designee shall deliver to Wachovia the Custodian an Instruction specifying with respect to each such purchase: (as custodian1) Proper Instructions specifying for each purchase:
the name of the Portfolio to which such Securities are to be specifically allocated; (a2) the name of the issuer and the title of the Securities, ; (b3) the number of shares or the principal amount purchased and accrued interest, if any, ; (c4) the dates date of purchase and settlement, ; (d5) the purchase price per unit, ; (e6) the total amount payable upon the such purchase, ; and (f7) the name of the person from whom or the broker through whom the purchase was made and made, if any. The Custodian or specified Sub-Custodian shall (gx) receive the Portfolio of the Fund for which the purchase was made. Wachovia shall upon receipt of Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-Entry System that the Securities have been transferred to the Custodian’s account) (y) pay to the broker or other person specified by the Fund pay or its designee out of the monies moneys held for the account of the Fund such Portfolio the total amount payable upon such purchase, and (z) make an entry on the records of the Custodian and Sub-Custodian to reflect such transfer and payment for the person from whom or the broker through whom the purchase was made, account of such Portfolio; provided that the same conforms to the total amount payable as set forth in Proper Instructionssuch Instruction.
b. (b) Promptly after the sale of Securities held by the FundSecurities, the Fund or its designee shall deliver to Wachovia (as Custodian) Proper Instructions, the Custodian an Instruction specifying for with respect to each such sale: (a1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the security, Securities; (b3) the number of shares or principal amount sold, and accrued interest, if any, ; (c4) the dates date of sale and settlement, sale; (d5) the sale price per unit, ; (e6) the total amount payable to the Fund Portfolio upon such sale, ; and (f7) the name of the broker through whom or the person to whom the sale was made and made. The Custodian or relevant Sub-Custodian shall (gx) deliver or cause to be delivered the Portfolio of Securities to the broker or other person designated by the Fund for which the sale was made. Wachovia shall deliver the Securities upon receipt for the account of the Fund of the total amount payable to the Fund such Portfolio upon such sale, and (y) make an entry on the records of the Custodian to reflect such transfer and payment for the account of such Portfolio; provided that the same conforms to the total amount payable to such Portfolio as set forth in Proper Instructionssuch Instruction. Subject to the foregoing, Wachovia the Custodian or relevant Sub-Custodian may accept payment for the account of the Fund in any such form as shall be satisfactory to it, and may deliver Securities and arrange for payment in accordance with the customs prevailing among dealers in Securities.
c. [Reserved.]
d. Wachovia shall not be liable for the acts or omissions of (c) Notwithstanding (a) and (b) above, cash in any broker or agent (except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (which may include standing instructions), Wachovia shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments Wachovia issues or in money market or other mutual funds for which Wachovia or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that Wachovia or its affiliate collects fees from these mutual funds for providing the services.
e. Except as otherwise provided by law, and as limited by Paragraph 12 hereof, any account holding cash for the benefit of the Fund (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, Wachovia has Portfolios may be invested by the right, among others, Custodian for short term purposes pursuant to transfer the balance of any subaccount held for the benefit of the Fund to any other subaccount held for the benefit of the Fund at any time and without prior notice.
(i) Unless another agreement requires it to do so, Wachovia shall be under no obligation or duty to see that the Fund has deposited or is maintaining adequate margin, if required, with any broker in connection with any option, nor shall Wachovia be under any obligation or duty to present the option to the broker for exercise unless it receives Proper standing Instructions from the Fund. Wachovia shall have no responsibility for the legality of any put or call option sold on the Fund’s behalf, the propriety of any purchase or sale, or the adequacy of any collateral delivered to a broker in connection with an option or deposited to or withdrawn from any account. Wachovia specifically, but not by way of limitation, unless another agreement requires that it do so, shall not be under any obligation or duty to: (x) periodically check with or notify the Fund that the amount of collateral a broker holds is sufficient to protect the broker or the Fund against any loss; (y) effect the return of any collateral delivered to a broker; or (z) advise the Fund that any option it holds has expired or is about to expire, subject to the requirement of Paragraph 5to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility.
(ii) Wachovia’s responsibility as to futures, puts, and calls traded on commodities exchanges, any futures commission merchant account, and any account of the Fund shall be limited as set forth in subparagraph (f)(i) of this Paragraph 20 as if the subparagraph referred to futures commission merchants rather than brokers, and futures and puts and calls thereon instead of options.
Appears in 1 contract