Common use of Representations of the Custodian Clause in Contracts

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 9 contracts

Samples: Custody Agreement (Bain Capital Private Credit), Custody Agreement (Apollo Senior Floating Rate Fund Inc.), Custody Agreement (Kayne DL 2021, Inc.)

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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 Section 17(f) of the 1940 Act; (b) it has the power and authority to enter into and perform its obligations under this Agreement;; and (bc) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and (cd) that it maintains business continuity policies and standards that include data file backup and recovery procedures procedures, that comply with all applicable regulatory requirements.

Appears in 3 contracts

Samples: Custody Agreement (YieldStreet Prism Fund Inc.), Custody Agreement (IDR Core Property Index Fund LTD), Custody Agreement (YieldStreet Prism Fund Inc.)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) 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 17(f) of the 1940 Act; and (cd) 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 (Ares Core Infrastructure Fund)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and; (c) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements; and (d) it is a “qualified custodian” as defined in Rule 206(4)(2) under the Investment Advisers Act of 1940, as amended.

Appears in 1 contract

Samples: Custody Agreement (Franklin BSP Private Credit Fund)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement;; and (b) it has duly authorized, authorized and executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 (Great Elm Capital Corp.)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement;; and (b) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 (Overland Advantage)

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Representations of the Custodian. The Custodian hereby represents and warrants to the Company that:: 1675380v1 (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 (Prospect Capital Corp)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it is qualified to act as custodian pursuant to Section 17(f) of the 1940 Act; (b) it has the power and authority to enter into and perform its obligations under this Agreement;; and (bc) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 (Portman Ridge Finance Corp)

Representations of the Custodian. The Custodian hereby represents and warrants to the Company that: (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) it has duly authorized, executed and delivered this Agreement so as to constitute its valid and binding obligations; and (c) 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 (Silver Point Specialty Lending Fund)

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