Common use of Representations of the Custodian Clause in Contracts

Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that: (a) it is a bank qualified to act as a custodian pursuant to Section 17(f) and Section 26(a)(1) of the 1940 Act; (b) it is a “U.S. Bank” (as defined in Rule 17f-5 under the 1940 Act); (c) it has the power and authority to enter into and perform its obligations under this Agreement; (d) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and (e) 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 3 contracts

Samples: Custody Agreement (Stone Ridge Trust VIII), Custody Agreement (Stone Ridge Trust V), Custody Agreement (Stone Ridge Trust V)

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Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that: : (a) it is a bank qualified to act as a custodian pursuant to Section 17(f) and Section 26(a)(1) of the 1940 Act; ; (b) it is a “U.S. Bank” (as defined in Rule 17f-5 under the 1940 Act); ; (c) it has the power and authority to enter into and perform its obligations under this Agreement; ; (d) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and (e) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements; and (f) it is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted. 14.

Appears in 2 contracts

Samples: Custody Agreement (Fundrise Growth Tech Interval Fund, LLC), Custody Agreement (Fundrise Income Real Estate Fund, LLC)

Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that: (a) it is a bank qualified to act as a custodian pursuant to Section 17(f) and Section 26(a)(1) of the 1940 Act; (b) it is a “U.S. Bank” (as defined in Rule 17f-5 under the 1940 Act); (c) it has the power and authority to enter into and perform its obligations under this Agreement; (d) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and; (e) that it maintains business continuity policies and standards that include data file backup and recovery procedures that comply with all applicable regulatory requirements; and (f) it is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted.

Appears in 1 contract

Samples: Custody Agreement (Fundrise Real Estate Interval Fund, LLC)

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Representations of the Custodian. The Custodian hereby represents and warrants to the Fund that: (a) it is a bank qualified to act as a custodian pursuant to Section 17(f) and Section 26(a)(1) of the 1940 Act; (b) it is a “U.S. Bank” (as defined in Rule 17f-5 under the 1940 Act); (c) it has the power and authority to enter into and perform its obligations under this Agreement; (d) it has duly authorized and executed this Agreement so as to constitute its valid and binding obligations; and (e) 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 (VanEck Coastland Online Finance Fund)

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