Common use of Purchase and Sale of Securities Clause in Contracts

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 7 contracts

Samples: Custody Agreement (Advisers Investment Trust), Custody Agreement (Rimrock Funds Trust), Custody Agreement (Rimrock Funds Trust)

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Purchase and Sale of Securities. (a) a. Promptly after the any purchase of SecuritiesSecurities for the account of the Fund, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of SecuritiesSecurities held by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to upon receipt for the broker or other person designated by account of the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment for the account of the Fund in such 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 (c) Notwithstanding except an affiliate of Wachovia). Upon the Fund’s Proper Instructions (a) 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 (b) aboveas limited by Paragraph 12 hereof, any account holding cash in any for the benefit of the Portfolios may 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 invested by under no obligation or duty to see that the Custodian 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 short term purposes pursuant to standing 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 Tax Exempt Trust), Mutual Fund Custody Agreement (Sei Liquid Asset Trust), Mutual Fund Custody Agreement (Sei Institutional Managed Trust)

Purchase and Sale of Securities. (a) Promptly after Subject to the purchase of Securitiesterms and conditions herein set forth, the Fund or its designee shall deliver Company agrees to issue and sell the Securities to the Custodian an Instruction specifying with respect to each such purchase: (1) public through the name of the Portfolio to which such Securities are to be specifically allocated; (2) the name of the issuer Underwriters, and the title of Underwriters agree to offer and sell the Securities; (3) Securities for the number of shares or the principal amount purchased and accrued interestCompany on a best efforts basis, if any; (4) the date of purchase and settlement; (5) the at a purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 equal to the Custodian’s account) shall pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchasePer Share Price; provided that the same conforms notwithstanding anything in this Agreement to the total amount payable as 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 Securities 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 “Investors”) upon the terms and conditions set forth in such Instructionthe Disclosure Package and the Prospectus. (b) Promptly after 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 sale Exchange Act and under the laws of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to any states in which the Securities sold were specifically allocated; Offering is conducted (2except where such registration is not required by law) to assist them and to act as subagents on their behalf in connection with the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in such form as shall be satisfactory to itOffering, and may deliver enter into agreements with such Selected Dealers for the offer and sale of the Securities and arrange adopting such provisions of this Agreement for payment the benefit of the Selected Dealers as the Underwriters deem appropriate; provided, however, that the Company will only be obligated to pay the Underwriters, in accordance with the customs prevailing among dealers in Securitiesterms of this Agreement, for their services rendered hereunder and shall be under no obligation to make any payment of any kind to any such Selected Dealer. (c) Notwithstanding (a) It is understood and (b) aboveagreed that the Underwriters shall not and are under no obligation to purchase any Securities for their own account and that this Agreement does not create any partnership, cash in any of joint venture, or other similar relationship between or among the Portfolios may be invested by Underwriters and the Custodian for short term purposes pursuant to standing Instructions from the FundCompany.

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) Promptly after the purchase of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 Trust or its designee out of the moneys held for the account of such Portfolio Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 Trust upon receipt of the total amount payable to such Portfolio Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

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) Promptly after the purchase of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 accountaccount or upon receipt of instructions relating to an Off-Book Cash Account) shall pay to the broker or other person specified by the Fund Trust or its designee out of the moneys Cash held for the account of such Portfolio Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 Trust upon receipt (or upon confirmation of receipt in an Off-Book Cash Account) of the total amount payable to such Portfolio Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash Cash in any of the Portfolios Funds may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund. For the avoidance of doubt, this Section 7(c) shall apply to On-Book Currency only.

Appears in 2 contracts

Samples: Custody Agreement (MidBridge Private Markets Fund), Custody Agreement (Northern Lights Fund Trust Iii)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian First Union shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as Custodian) Proper Instructions, specifying with respect to for each such sale: : (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian First Union shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian First Union may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when First Union is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefor may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes all credit risks involved in connection with First Union's delivery of Securities pursuant to instructions of the Fund. d. 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 First Union). Upon the Fund's Proper Instructions (which may include standing instructions), First Union shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments First Union issues or in money market or other mutual funds for which First Union or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that First Union or its affiliate collects fees from these mutual funds for providing the services. e. Except as otherwise provided by law, a cash account (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, First Union has the right, among others, to transfer the balance of any subaccount of a cash account to any other subaccount 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, 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 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. First Union 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. First Union specifically, but not by way of limitation, 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 tot he requirement of Paragraph 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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 Funds Inc /), Mutual Fund Custody Agreement (PBHG Insurance Series Fund)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund for the Series, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Series, pay out of the Series Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund for the Series, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Series will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund for the respective Series payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon 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 the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Wachovia) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefor may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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 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, 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. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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 (Madison Harbor Balanced Strategies Inc), Mutual Fund Custody Agreement (Agilex Funds)

Purchase and Sale of Securities. (a) a. Promptly after the any purchase of SecuritiesSecurities for the account of the Fund, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of SecuritiesSecurities held by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to upon receipt for the broker or other person designated by account of the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment for the account of the Fund in such 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 (c) Notwithstanding except an affiliate of Wachovia). Upon the Fund's Proper Instructions (a) 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 (b) aboveas limited by Paragraph 12 hereof, any account holding cash in any for the benefit of the Portfolios may 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 invested by under no obligation or duty to see that the Custodian 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 short term purposes pursuant to standing 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 5 to 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: 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 the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 2 contracts

Samples: Custody Agreement (Monterey Mutual Fund), Custody Agreement (RNC Liquid Assets Fund Inc)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund Trust, through its investment adviser or subadviser acting as its designee agent, shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 Trust or its designee out of the moneys held for the account of such Portfolio Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 Trust upon receipt of the total amount payable to such Portfolio Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 2 contracts

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

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefor may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 tot he requirement of Paragraph 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 moneys held for the account of such Portfolio the Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio the Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio the Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

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 the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 accountaccount (“Advice”)) shall only upon receipt of such Securities or Advice pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 only upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund, the proceeds of which shall be due to the relevant Portfolio, or otherwise invested by the Trust’s investment advisor.

Appears in 2 contracts

Samples: Custody Agreement, Custody Agreement (Ashmore Funds)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon 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 purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys monies held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 2 contracts

Samples: Custody Agreement (Northern Institutional Funds), Custody Agreement (Northern Funds)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Declaration Fund)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio to which such Securities are to be specifically allocatedFund; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 's account) shall pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of such Portfolio the Fund the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (32) the number of shares or principal amount sold, and accrued interest, if any; (43) the date of sale; (54) the sale price per unit; (65) the total amount payable to the Portfolio upon such sale; and (76) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (NT Equity Long/Short Strategies Fund)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2) the purchase the; 1.1 name of the issuer and the title of the Securities; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale &d settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities sealing that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers in Securities. (c) Notwithstanding (a) the Fund, the Custodian, and (b) abovea broker-dealer registered under the Securities and Exchange Act of 1934, cash in any as amended, and also a member of the Portfolios may be invested National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Custodian Fund; 2.1 for short term purposes pursuant to standing Instructions from 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.;

Appears in 1 contract

Samples: Custody Agreement (Dupree Mutual Funds)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 's account) shall pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Hussman Investment Trust)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the a Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) the name of the person from whom or the broker through whom the purchase was made and (g) the Fund for which the purchase was made, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 Fund pay to the broker or other person specified by the Fund or its designee out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the a Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Wachovia) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) the name of the broker through whom or the person to whom the sale was made and (g) the Fund for which the sale was made. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. Each Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any under some circumstances, delivery of the Portfolios Securities and receipt of payment therefor may not be invested completed simultaneously. Wachovia will only settle transactions by the Custodian for short term purposes pursuant to standing means other than payment versus delivery when specifically so instructed in Proper Instructions received from the Fund. The Fund assumes full responsibility for all credit risks involved in connection with Wachovia's delivery of Securities pursuant to such Proper Instructions.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Wy Funds)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of Securities, Securities by the Fund or its designee the Fund shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Maxus Income Fund)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Electric City Funds Inc)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable by the Portfolio upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 Trust or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of salesale and settlement; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 Trust upon receipt of the total amount payable to such Portfolio upon such sale; provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the FundTrust.

Appears in 1 contract

Samples: Custody Agreement (Ariel Investment Trust)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 Trust or its designee out of the moneys held for the account of such Portfolio Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund Trust or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 Trust upon receipt of the total amount payable to such Portfolio Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios Funds may be invested by the Custodian for short term purposes pursuant to standing Instructions from the FundTrust.

Appears in 1 contract

Samples: Custody Agreement (Datum One Series Trust)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Maxus Laureate Fund)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 5(b) to promptly transmit notices. These obligations and duties shall be the Fund’s sole responsibility. (iii) 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)(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 the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Bjurman Funds)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio to which such Securities are to be AIT – Lion Global Page 10 specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Khan Fund)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker- dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon 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 the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custodian Agreement (Gemini Funds Inc)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall (x) receive the 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 (y) pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of 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 account of such Portfolio; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. The Custodian or relevant Sub-Custodian shall (x) deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to 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 such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Morningstar Funds Trust)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee the Delegate of the Fund shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 moneys held for the account of such Portfolio the Fund the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee the Delegate of the Fund shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio the Fund upon such sale; provided that the same conforms to the total amount payable to such Portfolio the Fund as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Great Elm Capital Corp.)

Purchase and Sale of Securities. (a) 1. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (1a) the name of the Portfolio Series to which such Securities are to be specifically allocated; (2b) the name of the issuer and the title of the Securities; (3c) the number of shares or the principal amount purchased and accrued interest, if any; (4d) the date of purchase and settlement; (5e) the purchase price per unit; (6f) the total amount payable upon such purchase; and (7g) the name of the person from whom or the broker through whom the purchase was made, and the name of the clearing broker, if any; and (h) the name of the broker to whom payment is to be made. The Custodian or specified Sub-Custodian shall receive the 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 Fund, pay to the broker or other person specified by in the Fund or its designee Certificate out of the moneys money held for the account of such Portfolio Series the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such InstructionCertificate or Oral Instructions. (b) 2. Promptly after the each sale of SecuritiesSecurities by the Fund, other than any Reverse Repurchase Agreement, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (1a) the name of the Portfolio Series to which the such Securities sold were specifically allocated; (2b) the name of the issuer and the title of the SecuritiesSecurity; (3c) the number of shares or principal amount sold, and accrued interest, if any; (4d) the date of sale; (5e) the sale price per unit; (6f) the total amount payable to the Portfolio Fund upon such sale; and (7g) the name of the broker through whom or the person to whom the sale was made, and the name of the clearing broker, if any; and (h) the name of the broker to whom the Securities are to be delivered. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities specifically allocated to such Series to the broker or other person designated by specified in the Fund upon receipt Certificate against payment of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian Certificate or relevant Sub-Custodian may accept payment in 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 SecuritiesOral Instructions. (c) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Valiant Fund)

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Purchase and Sale of Securities. (a) 1. Promptly after the each purchase of SecuritiesSecurities by the Trust on behalf of a Fund, the Fund or its designee Primary Custodian shall deliver to the Custodian an Instruction (i) with respect to each purchase of Securities which are not normally required to be settled on the same day as such purchase, a Certificate, and (ii) with respect to each other purchase of Securities, a Certificate or Oral Instructions, specifying with respect to each such purchase: (1a) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2b) the name of the issuer and the title of the Securities; (3c) the number of shares or the principal amount purchased and accrued interest, if any; (4d) the date of purchase and settlement; (5e) the purchase price per unit; (6f) the total amount payable upon such purchase; and (7g) the name of the person from whom or the broker through whom the purchase was made, and the name of the clearing broker, if any; and (h) the name of the broker to whom payment is to be made. The Custodian or specified Sub-Custodian shall receive the 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 such Fund, pay to the broker or other person specified by in the Fund or its designee Certificate out of the moneys money held for the account of such Portfolio Fund the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such InstructionCertificate or Oral Instructions. (b) 2. Promptly after the each sale of SecuritiesSecurities by the Trust on behalf of a Fund, the Fund or its designee Primary Custodian shall deliver to the Custodian an Instruction (i) with respect to each sale of Securities which are not normally required to be settled on the same day as such sale, a Certificate, and (ii) with respect to each other sale of Securities, a Certificate or Oral Instructions, in either case, specifying with respect to each such sale: (1a) the name of the Portfolio Fund to which the such Securities sold were specifically allocated; (2b) the name of the issuer and the title of the SecuritiesSecurity; (3c) the number of shares or principal amount sold, and accrued interest, if any; (4d) the date of sale; (5e) the sale price per unit; (6f) the total amount payable to the Portfolio Fund upon such sale; and (7g) the name of the broker through whom or the person to whom the sale was made, and the name of the clearing broker, if any; and (h) the name of the broker to whom the Securities are to be delivered. The Custodian or relevant Sub-Custodian shall deliver or cause to be delivered the Securities specifically allocated to such Fund to the broker or other person designated by specified in the Fund upon receipt Certificate against payment of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian Certificate or relevant Sub-Custodian may accept payment in 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 SecuritiesOral Instructions. (c) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Fifth Third Funds)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by a Fund, the Fund or its designee Corporation shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the: 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for a Fund, pay out of the Fund Assets the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by a Fund, the Fund or its designee Corporation shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the: 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of each Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Corporation. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Corporation, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (One Fund Inc)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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 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, a cash account (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 of a cash account to any other subaccount 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, 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 tot he requirement of Paragraph 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 tot he requirement of Paragraph 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; Fund; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 's account) shall pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of such Portfolio the Fund the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (32) the number of shares or principal amount sold, and accrued interest, if any; (43) the date of sale; (54) the sale price per unit; (65) the total amount payable to the Portfolio upon such sale; and (76) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (NT Alpha Strategies Fund)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(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 the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian First Union shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as First Union) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian First Union shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian First Union may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when First Union is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes all credit risks involved in connection with First Union's delivery of Securities pursuant to standing Instructions from instructions of the Fund.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Ameritor Investment Fund)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian, shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom though which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Bridgeway Fund Inc)

Purchase and Sale of Securities. (a) Promptly after the purchase of SecuritiesSecurities by a Fund, the such Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) the name of the Portfolio Fund to which such Securities are to be specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio 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 moneys held for the account of such Portfolio Fund the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of SecuritiesSecurities by a Fund, the such Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio Fund to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio Fund upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made; and (8) the 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 upon receipt of the total amount payable to such Portfolio Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio Fund as set forth in such Instruction. Subject to the foregoing, the Custodian shall inform the Fund if the Custodian or the relevant Sub-Custodian may will not accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios a Fund may be invested by the Custodian on behalf of such Fund for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Del Rey Global Investors Funds)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(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 the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian First Union shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as First Union) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian First Union shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian First Union may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when First Union is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefor may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes all credit risks involved in connection with First Union's delivery of Securities pursuant to instructions of the Fund. d. 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 First Union). Upon the Fund's Proper Instructions (which may include standing instructions), First Union shall also invest cash balances in certificates of deposit, savings accounts or other similar instruments First Union issues or in money market or other mutual funds for which First Union or an affiliate may serve as investment adviser, administrator, custodian, shareholder servicing agent, or other capacity notwithstanding that First Union or its affiliate collects fees from these mutual funds for providing the services. e. Except as otherwise provided by law, a cash account (including subdivisions of accounts maintained in different currencies) shall constitute one single and indivisible Account. Consequently, First Union has the right, among others, to transfer the balance of any subaccount of a cash account to any other subaccount 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, 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 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. First Union 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. First Union specifically, but not by way of limitation, 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. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(ii) of this Paragraph 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 the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Tristar Investment Trust)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the Securities purchased by or for a Portfolio and upon receipt thereof (or upon receipt of advice from a Depository or the Book-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 moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Advisers Investment Trust)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: such (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Advisers Investment Trust)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; receivable, and (76.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National. Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions Securities from the Fundan 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 the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian Wachovia shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction Wachovia (as Custodian) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian Wachovia shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian Wachovia may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when Wachovia is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes 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, a cash account (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 of a cash account to any other subaccount 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, 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 5(b) to promptly transmit notices. These obligations and duties shall be the Fund's sole responsibility. (iii) 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)(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 purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys Cash held for the account of such Portfolio the total amount payable upon such purchase; , provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash Cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund. For the avoidance of doubt, this Section 7(c) shall apply to On-Book Currency only.

Appears in 1 contract

Samples: Custody Agreement (Harding Loevner Funds Inc)

Purchase and Sale of Securities. (a) a. Promptly after the purchase of investment adviser (or any sub-adviser) purchases Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as custodian) Proper Instructions specifying with respect to for each such purchase: : (1) the name of the Portfolio to which such Securities are to be specifically allocated; (2a) the name of the issuer and the title of the Securities; , (3b) the number of shares or the principal amount purchased and accrued interest, if any; , (4c) the date dates of purchase and settlement; , (5d) the purchase price per unit; , (6e) the total amount payable upon such the purchase; and , (7f) 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, if any. The Custodian or specified Sub-Custodian First Union shall receive the 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 or its designee pay out of the moneys monies held for the account of such Portfolio the Fund the total amount payable upon such purchase; 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 such InstructionProper Instructions. (b) b. Promptly after the sale of investment adviser (or any sub-adviser) sells Securities, the Fund or its designee shall deliver to the Custodian an Instruction First Union (as First Union) Proper Instructions, specifying with respect to for each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2a) the name of the issuer and the title of the Securities; security, (3b) the number of shares or principal amount sold, and accrued interest, if any; , (4c) the date dates of sale; sale and settlement, (5d) the sale price per unit; , (6e) the total amount payable to the Portfolio Fund upon such sale; and , (7f) 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. The Custodian or relevant Sub-Custodian First Union shall deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio the Fund upon such sale; , provided that the same conforms to the total amount payable to such Portfolio as set forth in such InstructionProper Instructions. Subject to the foregoing, the Custodian or relevant Sub-Custodian First Union may accept payment in such 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) Notwithstanding (a) and (b) abovec. The Fund understands that when First Union is instructed to deliver Securities against payment, cash in any delivery of the Portfolios Securities and receipt of payment therefore may not be invested by the Custodian completed simultaneously. The Fund assumes full responsibility for short term purposes all credit risks involved in connection with First Union's delivery of Securities pursuant to standing Instructions from instructions of the Fund. d. 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 First -------------------------------------------------------------------------------- 18

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Ameritor Security Trust)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the: 1) 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; (3) the number of shares or the , 2. principal amount purchased and accrued interest, if any; (4) the , 3. date of purchase and settlement; (5) the , 4. purchase price per unit; (, 5. total amount payable, and 6) . name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the: 1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the . name of the issuer and the title of the Securities; (3) the number of shares or , 2. principal amount sold, sold and accrued interest, if any; (4) the , 3. date of sale; (5) the sale and settlement, 4. sale price per unit; (6) the , 5. total amount payable to the Portfolio upon such sale; and (7) the receivable, and 6. name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Rainbow Fund Inc)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. 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 upon receipt of the total amount payable to such Portfolio upon such sale; provided that the same conforms to the total amount payable to such Portfolio as set forth in such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Brandes Investment Trust)

Purchase and Sale of Securities. (a) Promptly after the purchase of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such purchase: (1) 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; (3) the number of shares or the principal amount purchased and accrued interest, if any; (4) the date of purchase and settlement; (5) the purchase price per unit; (6) the total amount payable upon such purchase; and (7) the name of the person from whom or the broker through whom the purchase was made, if any. The Custodian or specified Sub-Custodian shall (x) receive the 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) shall pay to the broker or other person specified by the Fund or its designee out of the moneys held for the account of 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 account of such Portfolio; provided that the same conforms to the total amount payable as set forth in such Instruction. (b) Promptly after the sale of Securities, the Fund or its designee shall deliver to the Custodian an Instruction specifying with respect to each such sale: (1) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3) the number of shares or principal amount sold, and accrued interest, if any; (4) the date of sale; (5) the sale price per unit; (6) the total amount payable to the Portfolio upon such sale; and (7) the name of the broker through whom or the person to whom the sale was made. The Custodian or relevant Sub-Custodian shall (x) deliver or cause to be delivered the Securities to the broker or other person designated by the Fund upon receipt of the total amount payable to such Portfolio upon such salesale 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 such Instruction. Subject to the foregoing, the Custodian or relevant Sub-Custodian may accept payment in 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) Notwithstanding (a) and (b) above, cash in any of the Portfolios may be invested by the Custodian for short term purposes pursuant to standing Instructions from the Fund.

Appears in 1 contract

Samples: Custody Agreement (Steward Funds, Inc.)

Purchase and Sale of Securities. (a) A. Promptly after the each purchase of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such purchase: (purchase the; 1.) 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; (3, 2.) the number of shares or the principal amount purchased and accrued interest, if any; (4, 3.) the date of purchase and settlement; (5, 4.) the purchase price per unit; (, 5.) total amount payable, and 6.) name of the person from whom, or the broker through which, the purchase was made. The Custodian shall, against receipt of Securities purchased by or for the Fund, pay out of the Fund Assets, the total amount payable upon such purchase; and (7) the name of to the person from whom or the broker through whom which the purchase was made, if any. The Custodian or specified Sub-Custodian shall receive the 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 or its designee out of the moneys held for the account of such Portfolio the total amount payable upon such purchase; provided that the same conforms to the total amount payable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. (b) B. Promptly after the each sale of SecuritiesSecurities by the Fund, the Fund or its designee shall deliver to the Custodian an Instruction (i) 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 with respect to each such sale: (sale the; 1.) the name of the Portfolio to which the Securities sold were specifically allocated; (2) the name of the issuer and the title of the Securities; (3, 2.) the number of shares or principal amount sold, sold and accrued interest, if any; (4, 3.) the date of sale; (5sale and settlement, 4.) the sale price per unit; (6, 5.) the total amount payable to the Portfolio upon such sale; and (7receivable, and 6.) the name of the person to whom, or the broker through whom or the person to whom which, the sale was made. 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 upon against receipt of the total amount payable to such Portfolio upon such sale; receivable, provided that the same conforms to the total amount payable to such Portfolio receivable as set forth in such InstructionWritten Instructions or Oral Instructions, as the case may be. C. On contractual settlement date, the account of the Fund will be charged for all purchased Securities settling on that day, regardless of whether or not delivery is made. Subject Likewise, on contractual settlement date, proceeds from the sale of Securities settling that day will be credited to the foregoingaccount 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 its sole discretion, upon receipt of a Certificate, elect to settle a purchase or relevant Sub-sale transaction in some other manner, but only upon receipt of acceptable indemnification from the Fund. E. The Custodian may accept payment in such form as shall be satisfactory to 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 provision of any agreement among dealers the Fund, the Custodian, and a broker-dealer registered under the Securities and Exchange Act of 1934, as amended, and also a member of the National Association of Securities Dealers (NASD) (or any futures commission merchant registered 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 Securitiesconnection 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 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. (c) Notwithstanding (a) and (b) aboveF. 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 Portfolios may difference in order to settle the purchase of such Securities. The amount of any such advance shall be invested deemed a loan from the Custodian to the Fund payable on demand and bearing 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 for short term purposes pursuant to standing Instructions from the Fundon similar loans.

Appears in 1 contract

Samples: Custody Agreement (Brass Funds Inc)

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