Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository. (b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s Foreign Assets at such Depository after such date). Bank shall monitor the custody risks associated with maintaining Custo-mer’s Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks. (c) Bank shall, upon Customer’s reasonable request from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets. (d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.) (e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 31 contracts
Samples: Global Custody Agreement (Capital Group Equity ETF Trust I), Global Custody Agreement (Capital Group Conservative Equity ETF), Global Custody Agreement (Capital Group Dividend Growers ETF)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
(b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s Foreign Assets at such Depository after such date). Bank shall monitor the custody risks associated with maintaining Custo-merCustomer’s Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
(c) Bank shall, upon Customer’s reasonable request from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 18 contracts
Samples: Global Custody Agreement (American Funds Corporate Bond Fund), Global Custody Agreement (American Funds Insurance Series), Global Custody Agreement (American Funds Portfolio Series)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
(b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s Foreign Assets at such Depository after such date). Bank shall monitor the custody risks associated with maintaining Custo-merCustomer’s Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
(c) Bank shall, upon Customer’s reasonable request from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 13 contracts
Samples: Global Custody Agreement (American Funds U.S. Small & Mid Cap Equity Fund), Global Custody Agreement (Capital Group Completion Fund Series), Global Custody Agreement (American Funds Emerging Markets Bond Fund)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 0000 Xxx) with an Eligible Securities Depository. If Schedule B is amendedDepository (as defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 8 contracts
Samples: Custodian Agreement (W&r Target Funds Inc), Custodian Agreement (Ivy Fund), Custodian Agreement (Waddell & Reed Advisors Value Fund Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
. (b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s 's Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets as of Customer are held or are expected a date to be held. Bank agreed upon between the parties, but which shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year in no event be later than June 15, 2001, (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s 's Foreign Assets at such Depository after such date)) and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall monitor the custody risks associated with maintaining Custo-mer’s Customer's Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
. (c) Bank shall, upon Customer’s 's reasonable request from time to time, provide certain additional information (“"Additional Information”") to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s 's Foreign Assets. For example, Additional Information may relate to a country’s 's financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s 's Foreign Assets.
. (d) Bank’s 's obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “"third parties” " shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 6 contracts
Samples: Global Custody Agreement (Limited Term Tax Exempt Bond Fund of America), Global Custody Agreement (Endowments /De), Global Custody Agreement (Emerging Markets Growth Fund Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securitiex Xxxxxxxxxx (as defined in Rule 17f-7, which term shall include any other securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as for which the SEC by exemptive order has permitted registered investment companies to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 4 contracts
Samples: Custodian Agreement (Waddell & Reed Advisors Government Securities Fund Inc), Custodian Agreement (Waddell & Reed Advisors High Income Fund Inc), Custodian Agreement (Waddell & Reed Advisors Global Bond Fund Inc)
Securities Depositories. (a1) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or the Domestic Subcustodian) may place and maintain a Fund's Foreign Assets (as defined in Rule 17f-5 under the 0000 Xxx) with an Eligible Securities Depository. If Schedule B is amendedDepository (as defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b2) Bank shall The Custodian (or the Domestic Subcustodian) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or the Domestic Subcustodian) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c3) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or the Domestic Subcustodian) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof, or as amended from time to time, provide certain additional information (“Additional Information”is attached as Appendix A. Notwithstanding Subsection 16(c) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreementhereof, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (Depositories may, subject to the Board's oversight) Rule 17f-7, be added to or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable deleted from such list from time to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular countrytime.
Appears in 3 contracts
Samples: Custody Agreement (Icap Funds Inc), Custody Agreement (Security Equity Fund), Custody Agreement (Security Equity Fund)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securities Depository. If Schedule B is amendedDeposixxxx (xx defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 3 contracts
Samples: Custodian Agreement (Waddell & Reed Advisors Tax Managed Equity Fund Inc), Custodian Agreement (Waddell & Reed Advisors Continental Income Fund Inc), Custodian Agreement (Waddell & Reed Advisors Continental Income Fund Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securities Depository. If Schedule B is amendedDexxxxxxxx (as defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 3 contracts
Samples: Custodian Agreement (Waddell & Reed Advisors Retirement Shares Inc), Custodian Agreement (Waddell & Reed Advisors Asset Strategy Fd Inc), Custodian Agreement (Waddell & Reed Advisors Small Cap Fund Inc)
Securities Depositories. (a1) Bank hereby represents to Customer that each The Custodian (or the Domestic Subcustodian) may place and maintain a Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Secuxxxxxx Depository (as defined in Rule 17f-7, which term shall include any other securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as for which the SEC by exemptive order has permitted registered investment companies to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depositorymaintain their assets).
(b2) Bank shall The Custodian (or the Domestic Subcustodian) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or the Domestic Subcustodian) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c3) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or the Domestic Subcustodian) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof, or as amended from time to time, provide certain additional information (“Additional Information”is attached as Appendix A. Notwithstanding Subsection 16(c) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreementhereof, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (Depositories may, subject to the Board's oversight) Rule 17f-7, be added to or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable deleted from such list from time to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular countrytime.
Appears in 2 contracts
Samples: Custody Agreement (Security Income Fund /Ks/), Custody Agreement (Security Income Fund /Ks/)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
(b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s 's Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets as of Customer are held or are expected a date to be held. Bank agreed upon between the parties, but which shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year in no event be later than June 15, 2001, (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s 's Foreign Assets at such Depository after such date)) and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall monitor the custody risks associated with maintaining Custo-mer’s Customer's Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
(c) Bank shall, upon Customer’s 's reasonable request from time to time, provide certain additional information (“"Additional Information”") to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s 's Foreign Assets. For example, Additional Information may relate to a country’s 's financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s 's Foreign Assets.
(d) Bank’s 's obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “"third parties” " shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s 's Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 2 contracts
Samples: Global Custody Agreement (Capital Income Builder Inc), Global Custody Agreement (American Fund Insurance Series)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securities Depository. If Schedule B is amendedDxxxxxxxxy (as defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 2 contracts
Samples: Custodian Agreement (Waddell & Reed Advisors Value Fund Inc), Custodian Agreement (Waddell & Reed Advisors International Growth Fund Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securities Depository. If Schedule B is amendedDepository (as defined in Rule 17f-7, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if which xxxx xxall include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 2 contracts
Samples: Custodian Agreement (Waddell & Reed Advisors Select Funds Inc), Custodian Agreement (Ivy Funds Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securitixx Xxxxxxxxxx (as defined in Rule 17f-7, which term shall include any other securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as for which the SEC by exemptive order has permitted registered investment companies to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 1 contract
Samples: Custodian Agreement (W&r Funds Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
(b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets as of Customer are held or are expected a date to be held. Bank agreed upon between the parties, but which shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year in no event be later than June 15, 2001, (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s Foreign Assets at such Depository after such date)) and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall monitor the custody risks associated with maintaining Custo-mer’s Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
(c) Bank shall, upon Customer’s reasonable request from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 1 contract
Samples: Global Custody Agreement (Short-Term Bond Fund of America)
Securities Depositories. The Custodian (aor the Domestic Subcustodian) Bank hereby represents to Customer that each securities depository listed on Schedule B is may place and maintain a Fund's Foreign Assets (as defined in Rule 17f-5 under the 1000 Xxx) with an Eligible Securities Depository. If Schedule B is amendedDepository (as defined in Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depository.
maintain their assets). The Custodian (bor the Domestic Subcustodian) Bank shall shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or the Domestic Subcustodian) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
. Based on the information available to it in the exercise of diligence, the Custodian (cor the Domestic Subcustodian) Bank shallshall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof, upon Customer’s reasonable request or as amended from time to time, provide certain additional information (“Additional Information”is attached as Appendix A. Notwithstanding Subsection 16(c) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreementhereof, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (Depositories may, subject to the Board's oversight) Rule 17f-7, be added to or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable deleted from such list from time to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular countrytime.
Appears in 1 contract
Samples: Custody Agreement (Aegis Funds)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Securities Depository. If Schedule B is amendedDepository (xx xxxxxxx xn Rule 17f-7, this representation which term shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if include any other securities depository listed on Schedule B ceases for which the SEC by exemptive order has permitted registered investment companies to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 1 contract
Samples: Custodian Agreement (Waddell & Reed Advisors Municipal Bond Fund Inc)
Securities Depositories. (a) Bank hereby represents to Customer that each securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depository.
(b) Bank shall provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s 's Foreign Assets with each Eligible Securities Depository used by Bank and at which any Foreign Assets of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year (or, in the case of an Eligible Securities Depository not used by Bank as of the agreed upon date, prior to the initial placement of Customer’s 's Foreign Assets at such Depository after such date). Bank shall monitor the custody risks associated with maintaining Custo-mer’s Customer's Foreign Assets at each such Eligible Securities Depository on a continuing basis, and shall promptly notify Customer or its investment adviser of any material changes in such risks.
(c) Bank shall, upon Customer’s 's reasonable request from time to time, provide certain additional information (“"Additional Information”") to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s 's Foreign Assets. For example, Additional Information may relate to a country’s 's financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s 's Foreign Assets.
(d) Bank’s 's obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “"third parties” " shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.itself )
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s 's Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 1 contract
Samples: Global Custody Agreement (American Funds Emerging Markets Bond Fund)
Securities Depositories. (a) Bank hereby represents to Customer that each The Custodian (or its agent) may place and maintain the Fund's Foreign Assets (as defined in Rule 17f-5 under the 1940 Act) with an Eligible Secuxxxxxx Xxxxxxtory (as defined in Rule 17f-7, which term shall include any other securities depository listed on Schedule B is an Eligible Securities Depository. If Schedule B is amended, this representation shall be effective as for which the SEC by exemptive order has permitted registered investment companies to the amended Schedule on the date of such amendment. Bank shall promptly advise Customer if any securities depository listed on Schedule B ceases to be an Eligible Securities Depositorymaintain their assets).
(b) Bank shall The Custodian (or its agent) shall, for evaluation by the Fund or its adviser, provide Customer an analysis of the custody risks (which analyses may be provided to Customer electronically) associated with maintaining Customer’s the Fund's Foreign Assets with each Eligible Securities Depository used utilized directly or indirectly by Bank and at which any Foreign Assets the Custodian as of Customer are held or are expected to be held. Bank shall use reasonable efforts to provide such analysis at least annually on March 31st of each calendar year the date hereof (or, in the case of an Eligible Securities Depository not used by Bank so utilized as of the agreed upon datedate hereof, prior to the initial placement of Customer’s the Fund's Foreign Assets at such Depository after such date)Depository) and at which any Foreign Assets of the Fund are held or are expected to be held. Bank The Custodian (or its agent) shall monitor the custody risks associated with maintaining Custo-mer’s the Fund's Foreign Assets at each such Eligible Securities Depository on a continuing basis, basis and shall promptly notify Customer the Fund or its investment adviser of any material changes in such risks.
(c) Bank shallBased on the information available to it in the exercise of diligence, upon Customer’s reasonable request the Custodian (or its agent) shall determine the eligibility under Rule 17f-7 of each foreign securities depository before maintaining the Fund's Foreign Assets therewith and shall promptly advise the Fund if any Eligible Securities Depository ceases to be so eligible. A list of Eligible Securities Depositories used by the Custodian directly or indirectly as of the date hereof is attached as Appendix A. Notwithstanding Section 9.04 hereof, Eligible Securities Depositories may, subject to Rule 17f-7, be added to the list from time to time, provide certain additional information (“Additional Information”) to Customer beyond the scope of the information Bank is otherwise obligated to provide to Customer under this Agreement, or any other agreement between the parties relating to Customer’s Foreign Assets. For example, Additional Information may relate to a country’s financial infrastructure, prevailing custody and settlement practices, laws applicable to the safekeeping and recovery of Foreign Assets held in custody, and the likelihood of nationalization, currency controls and similar risks, but shall not include information required to be provided under this Agreement or any other agreement between the parties relating to Customer’s Foreign Assets.
(d) Bank’s obligation to provide Customer with Additional Information shall be limited to the extent Additional Information is (i) already in the possession of Bank, or (ii) available to Bank using commercially reasonable means. Customer hereby acknowledges that: (i) Additional Information is designed solely to inform Customer of certain market conditions and procedures and is not intended as a recommendation to invest or not invest in particular markets; and (ii) Bank has gathered the information from sources it considers reliable, but does not assume responsibility for inaccuracies or incomplete information attributable to actions or omissions of third parties. (For this purpose, “third parties” shall not include any of the Subcustodians listed on Schedule A, except to the extent that, in a given case, a Subcustodian accurately transmitted information it had itself received from a third party (such as from a regulator or securities depository) rather than information it had generated itself.)
(e) Customer and Bank hereby acknowledge and agree that the decision to place Customer's Foreign Assets with an Eligible Securities Depository shall be made by Customer's investment adviser (subject to the Board's oversight) or the Customer, after consideration of the information provided by Bank and other information Customer deems relevant, and based on standards of care that are generally applicable to investment advisers and the Board. Further, the parties understand that the decision to place Customer’s Foreign Assets with an Eligible Securities Depository does not have to be made separately, but may be made in the overall context of the decision to invest in a particular country.
Appears in 1 contract
Samples: Custodian Agreement (Waddell & Reed Advisors Municipal High Income Fund Inc)