Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 47 contracts
Samples: Custodian Agreement (Fidelity Advisor Series Viii), Custodian Agreement (Fidelity Financial Trust), Custodian Agreement (Fidelity Fixed Income Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Fund of Funds Portfolio Control Procedures (the "Freedom Fund of Funds Portfolio Sell Instructions") upon receipt of matching Freedom Fund of Funds Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handoperations.
Appears in 36 contracts
Samples: Custodian Agreement (Fidelity Salem Street Trust), Custodian Agreement (Fidelity Central Investment Portfolios II LLC), Custodian Agreement (Fidelity Charles Street Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities or other assets which have been sold for the account of a Portfoliothe Fund, but only against payment therefor (a) in the form of: (1) cash, by a certified check, bank cashier's check, bank credit, or bank wire transfer; , or (2b) by credit to the account of the Custodian with a Securities System, clearing corporation of a national securities exchange of which exchange, Foreign Depository or other financial institution approved by the Custodian is a member; or Fund by Proper Instructions (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions rules of Section 2.22(asuch Securities System, clearing corporation of a national securities exchange, Foreign Depository or other financial institution), or (c) and Section 2.22(b) hereofotherwise in accordance with Proper Instructions or the terms of the instrument representing such securities or other assets. Notwithstanding the foregoingHowever, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countriesphysical certificates or instruments representing securities, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject make delivery to the standard broker acting as agent for the buyer of care set forth in Article V hereof; (iii) in the case of securities held in physical formsecurities, such securities shall be delivered and paid against receipt therefor, for examination in accordance with "street delivery delivery" custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, agent and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (vii) in the case of the sale of Underlying securities or other assets the settlement of which occurs outside the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which settlement occurs, provided that in every case the Custodian shall be subject to the standard of care set forth in Article V and to any Special Instructions given in accordance with section 3.1(b). Except in the cases provided for in the immediately preceding sentence, in any case where delivery of securities or other assets for the account of the Fund shares is made by the Custodian in advance of a Freedom Portfolioreceipt of payment for the securities or other assets so sold in the absence of Proper Instructions to so deliver in advance, the Custodian shall release be absolutely liable to the Fund for such Underlying Fund shares, provided that, payment to the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with same extent as if such payment had been received by the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handCustodian.
Appears in 17 contracts
Samples: Master Custodian Agreement (DWS Variable Series I), Master Custodian Agreement (DWS Variable Series Ii), Master Custodian Agreement (DWS Variable Series I)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's ’s check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "“street delivery custom" ” to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("“Central Fund Sell Instructions"”) upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Fund of Funds Portfolio Control Procedures (the "Freedom “Fund of Funds Portfolio Sell Instructions"”) upon receipt of matching Freedom Fund of Funds Portfolio Sell Instructions from FMR's ’s custody operations on the one hand, and FMR's trading operations on the other handoperations.
Appears in 6 contracts
Samples: Custodian Agreement (Variable Insurance Products Fund VI), Custodian Agreement (Fidelity Private Credit Fund), Custodian Agreement (Fidelity Greenwood Street Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1a) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2b) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3c) credit to the Account of the Custodian with a Securities System or Eligible Securities DepositorySystem, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) 2.22 hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; and (iv) in the case of Central Cash Management Fund shares, the Custodian shall release Central Cash Management Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Cash Management Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Cash Management Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 4 contracts
Samples: Custodian Agreement (Fidelity Devonshire Trust), Custodian Agreement (Fidelity Union Street Trust), Custodian Agreement (Variable Insurance Products Fund Ii)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Fund of Funds Portfolio Control Procedures (the "Freedom Fund of Funds Portfolio Sell Instructions") upon receipt of matching Freedom Fund of Funds Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 3 contracts
Samples: Custodian Agreement (Fidelity Devonshire Trust), Custodian Agreement (Variable Insurance Products Fund Ii), Custodian Agreement (Fidelity Investment Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1a) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2b) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3c) credit to the Account of the Custodian with a Securities System or Eligible Securities DepositorySystem, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) 2.22 hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; and (iv) in the case of Central Cash Management Fund shares, the Custodian shall release Central Cash Management Fund shares sold for the account of a Portfolio, provided that (Aa) the Custodian shall only send instructions to sell such shares to the Central Cash Management Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper InstructionsInstructions from the fund's trading operations, and (Bb) such Central Fund Sell Instructions shall be properly confirmed by the Central Cash Management Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 3 contracts
Samples: Custodian Agreement (Fidelity Commonwealth Trust), Custodian Agreement (Fidelity Concord Street Trust), Custodian Agreement (Fidelity Concord Street Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Fund of Funds Portfolio Control Procedures (the "Freedom Fund of Funds Portfolio Sell Instructions") upon receipt of matching Freedom Fund of Funds Portfolio Sell Instructions from FMRFidelity's custody operations on the one hand, and FMR's trading operations on the other handoperations.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Commonwealth Trust II), Custodian Agreement (Fidelity Rutland Square Trust II)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1a) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2b) credit to the account of the Custodian custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3c) credit to the Account of the Custodian with a Securities System or Eligible Securities DepositorySystem, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) 2.22 hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; and (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (Fidelity Aberdeen Street Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a PortfolioCompany, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's ’s check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "“street delivery custom" ” to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Ethereum Fund), Custodian Agreement (Fidelity Wise Origin Bitcoin Fund)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a2.23(a) and Section 2.22(b2.23(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V Section 5.01(a) hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V Section 5.01(a) hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; and (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom PortfolioFund of Funds Portfolio processed through the Underlying Fund Transfer Agent, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent act in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions"Section 2.02(c) upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handhereof.
Appears in 2 contracts
Samples: Custodian Agreement (MFS Series Trust I), Custodian Agreement (MFS Series Trust XII)
Sales of Securities. (a) Upon receipt of Proper Instructionsproper instructions, the Custodian shall to make delivery of securities which have been sold for the account of a Portfoliothe Fund, but only against payment therefor in the form of: (1) in cash, by a certified check, bank cashier's check, bank credit, or bank wire transfer; , or (2) by credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; , or (3) by credit to the Account account of the Custodian or an Agent of the Custodian with a Securities System or Eligible Securities a Foreign Depository; provided, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoinghowever, upon the receipt of Proper Instructions: that (i) in the case of the sale delivery of physical certificates or instruments representing securities, the settlement of which occurs outside of Custodian may make delivery to the United States of Americabroker buying the securities, such securities shall be delivered and paid against receipt therefor, for examination in accordance with local custom and practice generally accepted by Institutional Clients in "street delivery" custom, provided that the country in which the settlement occurs, but in all events subject payment therefor is to be made to the standard of care set forth in Article V hereof; Custodian (which payment may be made by a broker's check) or that such securities are to be returned to the Custodian, and (ii) in the case of securities referred to in clause (iii) of the sale last sentence of securities in whichSection 2.4, the Custodian may make settlement, including with respect to the form of payment, in accordance with standard industry custom and practice generally accepted by Institutional Clients trade practice for institutional investors relating to such securities or the terms of the instrument representing said security. Without limiting the generality of the foregoing, the following provisions shall apply with respect to settlement of sales of securities in Russia. Unless otherwise expressly instructed by Proper Instructions acceptable to the Custodian, settlement of sales of securities shall be made in accordance with securities processing or settlement practices which the Custodian in its discretion determines to be a market practice. The Company hereby expressly acknowledges that such securities, the market practice might require delivery of such securities and prior to receipt of payment therefor take place and that the Company bears the risk of payment in different countries, the Custodian may deliver such instances where delivery of securities and receive is made prior to receipt of payment therefor in accordance with standard industry custom and practice for such securities generally accepted Proper Instructions received by Institutional Clients, but in all events subject the Custodian or pursuant to the standard of care set forth Custodian's determination in Article V hereof; (iii) in the case of securities held in physical form, its discretion that such securities shall be delivered and paid for delivery is in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the market practice. The Custodian shall not be responsible for any securities delivered from the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case premises of the sale of Underlying Fund shares of a Freedom Portfolio, Subcustodian from the Custodian shall release time they leave such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handpremises.
Appears in 2 contracts
Samples: Custodian Agreement (Csam Income Fund), Custodian Agreement (Bea Strategic Income Fund Inc)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's ’s check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "“street delivery custom" ” to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("“Central Fund Sell Instructions"”) upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Fund of Funds Portfolio Control Procedures (the "Freedom “Fund of Funds Portfolio Sell Instructions"”) upon receipt of matching Freedom Fund of Funds Portfolio Sell Instructions from FMR's Fidelity’s custody operations on the one hand, and FMR's trading operations on the other handoperations.
Appears in 2 contracts
Samples: Custodian Agreement (Fidelity Commonwealth Trust II), Custodian Agreement (Fidelity Commonwealth Trust II)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against contemporaneous payment therefor therefor, consistent with market practice, in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a2.23(a) and Section 2.22(b2.23(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V Section 5.01(a) hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor therefore take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V Section 5.01(a) hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for examination in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; and (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Fund of Funds Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions"Section 2.02(c) upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handhereof.
Appears in 1 contract
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities or other assets which have been sold for the account of a Portfoliothe Fund, but only against payment therefor (a) in the form of: (1) cash, by a certified check, bank cashier's ’s check, bank credit, or bank wire transfer; , or (2b) by credit to the account of the Custodian with a Securities System, clearing corporation of a national securities exchange of which exchange, Foreign Depository or other financial institution approved by the Custodian is a member; or Fund by Proper Instructions (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions rules of Section 2.22(asuch Securities System, clearing corporation of a national securities exchange, Foreign Depository or other financial institution), or (c) and Section 2.22(b) hereofotherwise in accordance with Proper Instructions or the terms of the instrument representing such securities or other assets. Notwithstanding the foregoingHowever, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countriesphysical certificates or instruments representing securities, the Custodian may deliver such securities and receive payment therefor make delivery to the broker acting as agent for the buyer of the securities, against receipt therefor, for examination in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "“street delivery delivery” custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, agent and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (vii) in the case of the sale of Underlying securities or other assets the settlement of which occurs outside the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which settlement occurs, provided that in every case the Custodian shall be subject to the standard of care set forth in Article V and to any Special Instructions given in accordance with section 3.1(b). Except in the cases provided for in the immediately preceding sentence, in any case where delivery of securities or other assets for the account of the Fund shares is made by the Custodian in advance of a Freedom Portfolioreceipt of payment for the securities or other assets so sold in the absence of Proper Instructions to so deliver in advance, the Custodian shall release be absolutely liable to the Fund for such Underlying Fund shares, provided that, payment to the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with same extent as if such payment had been received by the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handCustodian.
Appears in 1 contract
Samples: Master Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1a) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2b) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3c) credit to the Account of the Custodian with a Securities System or Eligible Securities DepositorySystem, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) 2.22 hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; and (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further it being understood that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 1 contract
Samples: Custodian Agreement (Pilot Funds)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfoliothe Fund, but only against payment therefor in the form of: (1a) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2b) credit to the account of the Custodian custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3c) credit to the Account of the Custodian with a Securities System or Eligible Securities DepositorySystem, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) 2.22 hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; and (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 1 contract
Samples: Custodian Agreement (Fidelity Advisor Korea Fund Inc)
Sales of Securities. (a) Upon receipt of Proper Instructions, the ------------------- Custodian shall make delivery of securities or other assets which have been sold for the account of a Portfoliothe Fund, but only against payment therefor (a) in the form of: (1) cash, by a - certified check, bank cashier's check, bank credit, or bank wire transfer; , or (2b) by credit to the account of the Custodian with a Securities System, clearing - corporation of a national securities exchange exchange, Foreign Depository or other financial institution approved by the Fund by Proper Instructions. However, (i) - in the case of which delivery of physical certificates or instruments representing securities, the Custodian is a member; or (3) credit may make delivery to the Account broker acting as agent for the buyer of the Custodian with a Securities System or Eligible Securities Depositorysecurities, against receipt therefor, for examination in accordance with "street delivery" custom, provided that the provisions Custodian shall have -------- taken reasonable steps to ensure prompt collection of Section 2.22(a) the payment for, or the return of, such securities by the broker or its clearing agent and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (iii) in the -- case of the sale of securities, securities or other assets the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but provided that -------- in all events every case the Custodian shall be subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, and to any Special Instructions given in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securitiessection 3.1(b). Except in the cases provided for in the immediately preceding sentence, the in any case where delivery of such securities and or other assets for the account of the Fund is made by the Custodian in advance of receipt of payment therefor take place in different countries, for the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) or other assets so sold in the case absence of securities held Proper Instructions to so deliver in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund sharesadvance, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares be absolutely liable to the Central Fund Transfer Agent in accordance with for such payment to the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) same extent as if such Central Fund Sell Instructions shall be properly confirmed payment had been received by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other handCustodian.
Appears in 1 contract
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.
Appears in 1 contract
Samples: Custodian Agreement (Fidelity Rutland Square Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's ’s check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereof; (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereof; (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "“street delivery custom" ” to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("“Central Fund Sell Instructions"”) upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom “Portfolio Sell Instructions"”) upon receipt of matching Freedom Portfolio Sell Instructions from FMR's ’s custody operations on the one hand, and FMR's ’s trading operations on the other hand.
Appears in 1 contract
Samples: Custodian Agreement (Fidelity Rutland Square Trust)
Sales of Securities. (a) Upon receipt of Proper Instructions, the Custodian shall make delivery of securities which have been sold for the account of a Portfolio, but only against payment therefor in the form of: (1) cash, certified check, bank cashier's check, bank credit, or bank wire transfer; (2) credit to the account of the Custodian with a clearing corporation of a national securities exchange of which the Custodian is a member; or (3) credit to the Account of the Custodian with a Securities System or Eligible Securities Depository, in accordance with the provisions of Section 2.22(a) and Section 2.22(b) hereof. Notwithstanding the foregoing, upon the receipt of Proper Instructions: (i) in the case of the sale of securities, the settlement of which occurs outside of the United States of America, such securities shall be delivered and paid for in accordance with local custom and practice generally accepted by Institutional Clients in the country in which the settlement occurs, but in all events subject to the standard of care set forth in Article V hereofhereof and to any Special Instructions given in accordance with Section 3.01(b); (ii) in the case of the sale of securities in which, in accordance with standard industry custom and practice generally accepted by Institutional Clients with respect to such securities, the delivery of such securities and receipt of payment therefor take place in different countries, the Custodian may deliver such securities and receive payment therefor in accordance with standard industry custom and practice for such securities generally accepted by Institutional Clients, but in all events subject to the standard of care set forth in Article V hereofhereof and to any Special Instructions given in accordance with Section 3.01(b); (iii) in the case of securities held in physical form, such securities shall be delivered and paid for in accordance with "street delivery custom" to a broker or its clearing agent, against delivery to the Custodian of a receipt for such securities, provided that the Custodian shall have taken reasonable steps to ensure prompt collection of the payment for, or the return of, such securities by the broker or its clearing agent, and provided further that the Custodian shall not be responsible for the selection of or the failure or inability to perform of such broker or its clearing agent; and (iv) in the case of Central Fund shares, the Custodian shall release Central Fund shares sold for the account of a Portfolio, provided that PROVIDED THAT (A) the Custodian shall only send instructions to sell such shares to the Central Fund Transfer Agent in accordance with the Central Fund Control Procedures ("Central Fund Sell Instructions") upon receipt of Proper Instructions, and (B) such Central Fund Sell Instructions shall be properly confirmed by the Central Fund Transfer Agent; and (v) in the case of the sale of Underlying Fund shares of a Freedom Portfolio, the Custodian shall release such Underlying Fund shares, provided that, the Custodian shall only send instructions to sell shares to an Underlying Fund Transfer Agent in accordance with the Freedom Portfolio Control Procedures (the "Freedom Portfolio Sell Instructions") upon receipt of matching Freedom Portfolio Sell Instructions from FMR's custody operations on the one hand, and FMR's trading operations on the other hand.Custodian
Appears in 1 contract
Samples: Custodian Agreement (Japan Fund Inc)