Common use of Required Disclosure Clause in Contracts

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 21 contracts

Samples: Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust)

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Required Disclosure. (a) With respect to Securities that are registered under issued in the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 ActUnited States, the U.S. Shareholder Shareholders Communications Act of 1985 (the “Act”) requires BNY Mellon the Custodian to disclose to issuers of such Securitiesissuers, upon their request, the name, address and securities position of BNY Mellonthe Custodian’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer The Fund represents that it is the beneficial owner of the Securities. As beneficial owner it has designated on the signature page hereof below whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) Fund. With respect to certain Securities issued outside the United States, BNY Mellon may the Custodian shall disclose information to issuers of Securities as required by the law, regulation, rules of a stock exchange or organizational documents of an issuer. The Custodian is also authorized to supply any information regarding the relevant issuer Accounts that is required by any law, regulation or rules now or hereafter in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx effect. The Fund agrees to supply BNY Mellon the Custodian with any required informationinformation if it is not otherwise reasonably available to the Custodian. Pursuant to this Section 8.6, as Beneficial Owner: [ ] The Fund OBJECTS to disclosure [ ] The Fund DOES NOT OBJECT to disclosure IF NO BOX IS CHECKED, THE CUSTODIAN SHALL RELEASE SUCH INFORMATION UNTIL IT RECEIVES A CONTRARY INSTRUCTION FROM THE FUND.

Appears in 16 contracts

Samples: Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Each Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and the Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx each Customer agrees to supply BNY Mellon with any required information.

Appears in 13 contracts

Samples: Custody Agreement (Pioneer Series Trust X), Custody Agreement (Pioneer Money Market Trust), Custody Agreement (Pioneer Fund /Ma/)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Cxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 8 contracts

Samples: Custody Agreement (2023 ETF Series Trust), Custody Agreement (Virtus ETF Trust II), Custody Agreement (Precidian ETFs Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Customer agrees to supply BNY Mellon with any required information.

Appears in 5 contracts

Samples: Custody Agreement (Ark Venture Fund), Custody Agreement (Matthews International Funds), Custody Agreement (USCF ETF Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 ActU.S. Investment Company Act of 1940, as amended, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant Customer’s investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 1010.1, Xxxxxxxx Customer agrees to supply BNY Mellon with any required informationinformation requested by BNY Mellon in connection with legal and /or market requirements as outlined in this Section 10.1 .

Appears in 4 contracts

Samples: Custody Agreement, Custody Agreement, Custody Agreement

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 1011, Xxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 3 contracts

Samples: Custody Agreement (KKR Enhanced US Direct Lending Fund-L), Custody Agreement (KKR US Direct Lending Fund-U), Custody Agreement (KKR Asset-Based Income Fund)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Customer agrees to supply BNY Mellon with any required information.

Appears in 2 contracts

Samples: Custody Agreement (Wilshire wShares Enhanced Gold Trust), Custody Agreement (United States 12 Month Natural Gas Fund, LP)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 19341933, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Customer agrees to supply BNY Mellon with any required information.

Appears in 2 contracts

Samples: Custody Agreement (Third Avenue Variable Series Trust), Custody Agreement (Third Avenue Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 ActU.S. Investment Company Act of 1940, as amended, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment Customer’s manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 1011, Xxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 2 contracts

Samples: Custody Agreement (KKR Private Equity Conglomerate LLC), Custody Agreement (KKR Infrastructure Conglomerate LLC)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant Customer’s investment manager adviser with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (Crescent Private Credit Income Corp)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, amended (the “Exchange Act”) or that are issued by an issuer registered under the 1940 40 Act, Section 14(b) of the U.S. Shareholder Communications Exchange Act of 1985 (the “Act”) requires BNY Mellon and Rule 14b-2 promulgated thereunder require Custodian to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY MellonCustodian’s clients who are “beneficial owners” (as defined in the Exchange Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Exchange Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer Client represents that it is the beneficial owner of the Securities held in Accounts in Client’s own name (i.e., proprietary accounts). As beneficial owner of such Securities, Client has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Exchange Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) Client. With respect to certain Securities issued outside the United States, BNY Mellon may Custodian shall disclose information to issuers of Securities as required by any Depository, the laws or regulations of the relevant jurisdiction, rules of the relevant stock exchange or organizational documents of an issuer. Custodian is also authorized to supply any information regarding the relevant issuer Accounts that is required by any law, regulation or rules now or hereafter in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx effect. Client agrees to supply BNY Mellon Custodian with any required informationinformation if it is not otherwise reasonably available to Custodian.

Appears in 1 contract

Samples: Custody Agreement (BlackRock Funds IV)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant Customer’s investment manager adviser with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Cxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (CPG Cooper Square International Equity, LLC)

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Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 19341933, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (Polen Credit Opportunities Fund)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx agrees to supply BNY Mellon with any required informationinformation as reasonably requested in writing by BNY Mellon.

Appears in 1 contract

Samples: Custody Agreement (Versus Capital Infrastructure Income Fund)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, amended (the “Exchange Act”) or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Investment Company Act of 1985 (1940, as amended, Section 14(b) of the “Act”) requires BNY Mellon Exchange Act and Rule 14b-2 promulgated thereunder require the Trustee to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellonthe Trustee’s clients who are “beneficial owners” (as defined in the Exchange Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Exchange Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer The Company has designated on the signature page hereof whether hereof, whether: (i1) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Exchange Act for the specific purpose of direct communications between such issuer and Customer the Company; or (ii2) it requires BNY Mellon to the Trustee shall contact the relevant Company’s investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Exchange Act. (b) . With respect to certain Securities issued outside the United States, BNY Mellon may the Trustee shall disclose information to issuers of Securities as required by any Depository, the laws and regulations of the relevant jurisdiction, rules of the relevant stock exchange or organizational documents of an issuer. The Trustee is also authorized to supply any information regarding the relevant issuer Trust Fund that is required by any law, regulation or rules now or hereafter in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx effect. The Company agrees to supply BNY Mellon the Trustee with any required informationinformation if it is not otherwise reasonably available to the Trustee.

Appears in 1 contract

Samples: Rabbi Trust Agreement (Tampa Electric Co)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 1011, Xxxxxxxx Customer agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (Forethought Variable Insurance Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant Customer’s investment manager adviser with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx Customer agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (CPG Cooper Square International Equity, LLC)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Act of 1985 (the “Act”) requires BNY Mellon to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellon’s clients who are “beneficial owners” (as defined in the Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer has designated on the signature page hereof whether (i) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Act for the specific purpose of direct communications between such issuer and Customer or (ii) it requires BNY Mellon to contact the relevant investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Act. (b) With respect to certain Securities issued outside the United States, BNY Mellon may disclose information to issuers of Securities as required by the organizational documents of the relevant issuer or in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 101010, Xxxxxxxx Cxxxxxxx agrees to supply BNY Mellon with any required information.

Appears in 1 contract

Samples: Custody Agreement (WisdomTree Digital Trust)

Required Disclosure. (a) With respect to Securities that are registered under the U.S. Securities Exchange Act of 1934, as amended, amended (the “Exchange Act”) or that are issued by an issuer registered under the 1940 Act, the U.S. Shareholder Communications Investment Company Act of 1985 (1940, as amended, Section 14(b) of the “Act”) requires BNY Mellon Exchange Act and Rule 14b-2 promulgated thereunder require the Custodian to disclose to issuers of such Securities, upon their request, the name, address and securities position of BNY Mellonthe Custodian’s clients who are “beneficial owners” (as defined in the Exchange Act) of the issuer’s Securities, unless the beneficial owner objects to such disclosure. The Exchange Act defines a “beneficial owner” as any person who has or shares the power to vote a security (pursuant to an agreement or otherwise) or who directs the voting of a security. Customer The Client has designated on the signature page hereof whether hereof, whether: (i1) as beneficial owner, it objects to the disclosure of its name, address and securities position to any U.S. issuer that requests such information pursuant to the Exchange Act for the specific purpose of direct communications between such issuer and Customer the Client; or (ii2) it requires BNY Mellon to the Custodian shall contact the relevant Client’s investment manager with respect to relevant Securities to make the decision as to whether it objects to the disclosure of the beneficial owner’s name, address and securities position to any U.S. issuer that requests such information pursuant to the Exchange Act. (b) . With respect to certain Securities issued outside the United States, BNY Mellon may the Custodian shall disclose information to issuers of Securities as required by any Depository, the laws or regulations of the relevant jurisdiction, rules of the relevant stock exchange or organizational documents of an issuer. The Custodian is also authorized to supply any information regarding the relevant issuer Accounts that is required by any law, regulation or rules now or hereafter in accordance with local market practice. (c) In connection with any disclosure contemplated by this Section 10, Xxxxxxxx effect. The Client agrees to supply BNY Mellon the Custodian with any required informationinformation if it is not otherwise reasonably available to the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Destra International & Event-Driven Credit Fund)

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