Common use of Safekeeping of Fund Assets Clause in Contracts

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another Portfolio.

Appears in 4 contracts

Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust)

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Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this SectionSection and Applicable Law. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, unless and except to the extent the negligence, bad faith or willful misconduct of the Custodian (or an Agent or Subcustodian) was directly caused the failure to deliver or failure to issue; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and other accounts of the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian and other accounts of the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust), Custodian and Transfer Agent Agreement (Exchange Traded Concepts Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments (i) that are not delivered or (ii) that are not caused to be issued to it or its SubcustodiansSubcustodians through no fault of the Custodian or any Subcustodian; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio and shall segregate each Portfolio’s such Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund Portfolio or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the its Subcustodians shall segregate on its books and records not commingle any assets held for the account of one Portfolio from with those held for the account of another Portfolio.

Appears in 2 contracts

Samples: Custodian and Transfer Agent Agreement (Arrow Investments Trust), Custodian and Transfer Agent Agreement (Northern Lights ETF Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund each Portfolio or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the its Subcustodians shall segregate on its books and records not commingle any assets held for the account of one Portfolio from with those held for the account of another Portfolio.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this SectionSection and Applicable Law. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, unless and except to the extent the negligence, bad faith or willful misconduct of the Custodian (or an Agent or Subcustodian) was directly caused the failure to deliver or failure to issue; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and Custodian’s other clients and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian Agreement (BondBloxx ETF Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund each Portfolio or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the its Subcustodians shall segregate on its books and records not commingle any assets held for the account of one Portfolio from with those held for the account of another Portfolio.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, provided, in each case, such failure of the Investments to be so delivered or issued is not caused by the negligence, bad faith, willful misconduct or breach of the standard of care of the Custodian or any of its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian Agreement (Esoterica Thematic ETF Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the a Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio a Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or SubcustodianCustodian. The Fund Trust will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio andaccounts, if any, for the a Fund (i.e., not attributable to a specific Portfolio)if such separate accounts are required. Subject to paragraph 5.1, the The Custodian and the Subcustodians shall segregate on its books and records assets Investments held for the account of one Portfolio account from those held for the in another account of another Portfolioand from its own Investments.

Appears in 1 contract

Samples: Custodian Agreement (Capitol Series Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, or (b) pre-existing faults or defects in Investments that are delivered to the Custodian Custodian, or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income eventaction. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or SubcustodianCustodian. The Fund will instruct Custodian's responsibility for safekeeping equity securities of Russian issuers ("Russian Equities") hereunder shall be limited to the Custodian safekeeping of relevant share extracts from the share registration books maintained by the entities providing share registration services to establish on its books and records separate accounts for issuers of Russian Equities (each separate Portfolio and, if any, for the Fund a "Registrar") indicating an investor's ownership of such securities (i.e., not attributable to each a specific Portfolio"Share Extract"). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another Portfolio.

Appears in 1 contract

Samples: Custodian Agreement (Aetna Series Fund Inc)

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Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians Subcustodian s for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; : or, (b) pre-existing pre­existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio)Custodian. Subject to paragraph 5.1, the Custodian and the its Subcustodians shall segregate on its books and records not commingle any assets held for the account of one Portfolio from with those held for the account of another Portfolio.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (LocalShares Investment Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this SectionSection and Applicable Law. The Custodian shall not be responsible for for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, unless and except to the extent the negligence, bad faith or willful misconduct of the Custodian (or an Agent or Subcustodian) was directly caused the failure to deliver or failure to issue; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and other accounts of the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian and other accounts of the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian and Transfer Agent Agreement (Exchange Listed Funds Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, except that the holding of confirmation statements from Ivy Mackenzie Service Corp. in accorxxxxx xxxx Xection 5.1.1 hereof that identify uncertificated shares of the series of Ivy Fund as being recorded in the Custodian's name on behalf of the Fund will be deemed custody for the purposes hereof; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian Custodian, or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income eventaction. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or SubcustodianCustodian. The Fund will instruct shall receive periodic reports with respect to the Custodian safekeeping of the Fund's assets, including, but not limited to, notification of any transfer to establish on its books and records separate accounts for each separate Portfolio and, if any, or from the Fund's account or an account maintained by the Subcustodian generally for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, non-proprietary assets of the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian Agreement (Mackenzie Solutions)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income event. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and any other account belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian and any other account belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or Subcustodian. The Fund will instruct the Custodian to establish on its books and records separate accounts for each separate Portfolio and, if any, for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian Agreement (USCF Funds Trust)

Safekeeping of Fund Assets. The Custodian shall hold Investments delivered to it or Subcustodians for the Fund in accordance with the provisions of this Section. The Custodian shall not be responsible for (a) the safekeeping of Investments not delivered or that are not caused to be issued to it or its Subcustodians, except that the holding of confirmation statements from Ivy Mackenzie Service Corp. in axxxxxxxxx xxth Section 5.1.1 hereof that identify uncertificated shares of the series of Ivy Fund as being recorded in the Custodian's name on behalf of the Fund will be deemed custody for the purposes hereof; or, (b) pre-existing faults or defects in Investments that are delivered to the Custodian Custodian, or its Subcustodians. The Custodian is hereby authorized to hold with itself or a Subcustodian, and to record in one or more accounts, all Investments delivered to and accepted by the Custodian, any Subcustodian or their respective agents pursuant to an Instruction or in consequence of any corporate action or income eventaction. The Custodian shall hold Investments for the account of each Portfolio the Fund and shall segregate each Portfolio’s Investments from assets belonging to the Custodian and shall cause its Subcustodians to segregate each Portfolio’s Investments from assets belonging to the Subcustodian in an account held for the Fund or in an account maintained by the Subcustodian generally for non-proprietary assets of the Custodian and/or SubcustodianCustodian. The Fund will instruct shall receive periodic reports with respect to the Custodian safekeeping of the Fund's assets, including, but not limited to, notification of any transfer to establish on its books and records separate accounts for each separate Portfolio and, if any, or from the Fund's account or an account maintained by the Subcustodian generally for the Fund (i.e., not attributable to a specific Portfolio). Subject to paragraph 5.1, non-proprietary assets of the Custodian and the Subcustodians shall segregate on its books and records assets held for the account of one Portfolio from those held for the account of another PortfolioCustodian.

Appears in 1 contract

Samples: Custodian Agreement (Mackenzie Solutions)

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