Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it is qualified to act as a custodian pursuant to Sections 17(f) and 26(a)(1) of the 1940 Act; (b) it has the power and authority to enter into and perform its obligations under this Agreement; (c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 28 contracts
Samples: Custody Agreement (Nuveen Churchill Private Credit Fund), Custody Agreement (New Mountain Guardian IV BDC, L.L.C.), Custody Agreement (MSD Investment Corp.)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 21 contracts
Samples: Custody Agreement (Franklin BSP Capital L.L.C.), Custody Agreement (Guggenheim Credit Income Fund 2021), Custody Agreement (Golub Capital BDC 3, Inc.)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 14 contracts
Samples: Custody Agreement (OFS Capital Corp), Custody Agreement (Prospect Capital Corp), Custody Agreement (Prospect Capital Corp)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(cb) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations;
(c) it is qualified to act as a custodian pursuant to Section 26(a)(1) of the 1940 Act; and
(d) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 10 contracts
Samples: Custody Agreement (5C Lending Partners Corp.), Custody Agreement (5C Lending Partners Corp.), Custody Agreement (Antares Strategic Credit Fund)
Representations of the Custodian. The Custodian hereby represents and warrants to the each Company that:
(a) it is qualified to act as a custodian pursuant to Sections Section 17(f) and 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations;
(d) it is in material compliance with all applicable laws and regulations; and
(de) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 4 contracts
Samples: Custody Agreement (Franklin Templeton Variable Insurance Products Trust), Custody Agreement (Franklin Strategic Series), Custody Agreement (Franklin LTD Duration Income Trust)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all governmental or regulatory requirements applicable regulatory requirementsto it.
Appears in 3 contracts
Samples: Custody Agreement (Golub Capital BDC 4 LLC), Custody Agreement (Golub Capital Direct Lending LLC), Custody Agreement (Garrison Capital LLC)
Representations of the Custodian. The Custodian hereby represents and warrants wan-ants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(fl 7(f) and 26(a)(126(a)(l) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 1 contract
Representations of the Custodian. The Custodian hereby represents and warrants to the Company Companies that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 1 contract
Samples: Custody Agreement (Carey Credit Income Fund 2015 T)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 1 contract
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections 17(f) and 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 1 contract
Samples: Custody Agreement (Nuveen Churchill Private Capital Income Fund)
Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:
(a) it is qualified to act as a custodian pursuant to Sections Section 17(f) and Section 26(a)(1) of the 1940 Act;
(b) it has the power and authority to enter into and perform its obligations under this Agreement;
(c) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and
(d) it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements.
Appears in 1 contract
Samples: Custody Agreement (Griffin-Benefit Street Partners BDC Corp.)