Common use of Representations, Warranties and Covenants of the Custodian Clause in Contracts

Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each Securities Account has been established as set forth in Section 1 above and such Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 4 contracts

Samples: Loan Agreement (Aristotle Funds Series Trust), Loan Agreement (City National Rochdale Funds), Loan Agreement (City National Rochdale Funds)

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Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each The Securities Account has been established as set forth in Section 1 above and such the Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any the Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any the Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any the Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 2 contracts

Samples: Loan Agreement (Unified Series Trust), Loan Agreement (City National Rochdale Strategic Credit Fund)

Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each The Securities Account has been established as set forth in Section 1 above and such the Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any the Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any the Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any the Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 2 contracts

Samples: Loan Agreement (Manager Directed Portfolios), Custody Agreement (Upright Investments Trust)

Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) a. Each Securities Account has been established as set forth in Section 1 above and such Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any Securities Account without the prior written consent of the Secured Party. (ii) b. No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) c. This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) d. The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 1 contract

Samples: Loan Agreement (Wilshire Mutual Funds Inc)

Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each The Securities Account has been established as set forth in Section 1 above and such the Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any the Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it., (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any the Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any the Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 1 contract

Samples: Loan Agreement (MSS Series Trust)

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Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each The Securities Account has been established as set forth in Section 1 above and such the Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any the Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iviii) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any the Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any the Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 1 contract

Samples: Securities Account Control Agreement (Tortoise North American Energy Corp)

Representations, Warranties and Covenants of the Custodian. The Custodian hereby makes the following representations, warranties and covenants: (i) Each Securities Account has been established as set forth in Section 1 above and such Securities Account will be maintained in the manner set forth herein until termination of this Agreement. The Custodian shall not change the name or account number of any Securities Account without the prior written consent of the Secured Party. (ii) No Financial Asset is or will be registered in the name of any Debtor, payable to its order, or specially endorsed to it. (iii) This Securities Account Control Agreement is the valid and legally binding obligation of the Custodian and enforceable against the Custodian in accordance with its terms. (iv) The Custodian has not entered into, and until the termination of the this Agreement will not enter into, any agreement with any other person relating to any Securities Account and/or any Financial Assets credited thereto pursuant to which it has agreed to comply with entitlement orders of such person. The Custodian has not entered into any other agreement with any Debtor purporting to limit or condition the obligation of the Custodian to comply with entitlement orders as set forth in Section 3 hereof.

Appears in 1 contract

Samples: Loan Agreement (EA Series Trust)

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