Common use of Segregation and Registration of Assets; Nominee Name Clause in Contracts

Segregation and Registration of Assets; Nominee Name. (a) X.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. Xxxxxx on behalf of its customers belong to customers of X.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 3 contracts

Samples: Global Custody Agreement (Popular Income Plus Fund, Inc.), Global Custody Agreement (Popular High Grade Fixed-Income Fund, Inc.), Global Custody Agreement (Popular Total Return Fund Inc)

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Segregation and Registration of Assets; Nominee Name. (a) X.X. J.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. J.X. Xxxxxx and the Customer).. Global Custody Agreement - New York - General February 2018 version (b) To the extent permitted by Applicable Law, X.X. J.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. J.X. Xxxxxx on behalf of its customers belong to customers of X.X. J.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. J.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. J.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. J.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. J.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 2 contracts

Samples: Global Custody Agreement (Aetos Long/Short Strategies Fund LLC), Global Custody Agreement (Aetos Distressed Investment Strategies Fund LLC)

Segregation and Registration of Assets; Nominee Name. (a) X.X. J.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. J.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. J.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. J.X. Xxxxxx on behalf of its customers belong to customers of X.X. J.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. J.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. J.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. J.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. J.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.. Global Custody Agreement - New York - January 2022 6

Appears in 1 contract

Samples: Global Custody Agreement (Brookfield Infrastructure Income Fund Inc.)

Segregation and Registration of Assets; Nominee Name. (a) X.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. Xxxxxx on behalf of its customers belong to customers of X.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations.. Global Custody Agreement – New York – January 2022 (d) For the avoidance of doubt, unless X.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Palmer Square Funds Trust)

Segregation and Registration of Assets; Nominee Name. (a) X.X. J.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. J.X. Xxxxxx and the Customer).. Global Custody Agreement - New York - General - February 2018 version (b) To the extent permitted by Applicable Law, X.X. J.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. J.X. Xxxxxx on behalf of its customers belong to customers of X.X. J.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. J.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. J.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. J.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. J.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Aetos Multi-Strategy Arbitrage Fund LLC)

Segregation and Registration of Assets; Nominee Name. (a) X.X. J.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. J.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. J.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. J.X. Xxxxxx on behalf of its customers belong to customers of X.X. J.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. J.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. J.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository;; Global Custody Agreement - New York - January 2022 (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. J.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. J.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Impax Funds Series Trust I)

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Segregation and Registration of Assets; Nominee Name. (a) X.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. Xxxxxx on behalf of its customers belong to customers of X.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. Xxxxxx or its Subcustodian in bearer form;; Global Custody Agreement – New York – January 2021 (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it reasonably deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (DoubleLine ETF Trust)

Segregation and Registration of Assets; Nominee Name. (a) X.X. J.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. J.X. Xxxxxx and the Customer). (b) To the extent permitted by Applicable Law, X.X. J.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. J.X. Xxxxxx on behalf of its customers belong to customers of X.X. J.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. (c) X.X. J.X. Xxxxxx is authorized, in its discretion to: (i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to X.X. J.X. Xxxxxx or its Subcustodian in bearer form; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; (iv) register in the name of the Customer, X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless X.X. J.X. Xxxxxx has provided prior written approval, the Customer may not instruct a third party to register any Financial Asset in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. J.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. J.X. Xxxxxx’x authorization shall not be considered to be held in custody under this Agreement.

Appears in 1 contract

Samples: Global Custody Agreement (Brookfield Infrastructure Income Fund Inc.)

Segregation and Registration of Assets; Nominee Name. (a) X.X. Xxxxxx will identify in its books that those Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by X.X. Xxxxxx and the Customer). . (b) To the extent permitted by Applicable Law, X.X. Xxxxxx will require each Subcustodian to identify that Financial Assets held at such Subcustodian by X.X. Xxxxxx on behalf of its customers belong to customers of X.X. Xxxxxx, by means of differently titled accounts on the books of the Subcustodian or other equivalent measures that achieve the same level of protection. . (c) X.X. Xxxxxx is authorized, in its discretion to: : (i) hold in bearer form form, such Financial Assets as are customarily held in bearer form or are delivered to X.X. Xxxxxx or its Subcustodian in bearer form; ; (ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository; ; (iii) hold Financial Assets in omnibus accounts on a fungible basis and accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer; ; (iv) register in the name of X.X. Xxxxxx, a Subcustodian or Securities Depository or their respective nominees such Financial Assets as are customarily held in registered form unless such Financial Assets are required to be registered in the name of the Customer, X.X. Xxxxxx, a Subcustodian, a Securities Depository or their respective nomineesnominees under local law or market practice, such Financial Assets as are customarily held in which case they will be registered formin the manner required by local law or market practice; and and (v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations. (d) For the avoidance of doubt, unless operations acting in good faith. X.X. Xxxxxx has provided prior written approval, must promptly notify the Customer may not instruct a third party if it declines to register accept any Financial Asset in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository asset or any of their respective nominees. The Customer agrees that any Financial Asset registered in the name of X.X. Xxxxxx, a Subcustodian, a Securities Depository or any of their respective nominees without X.X. Xxxxxx’x authorization shall not be considered to be held in custody property under this Agreement.paragraph (v). Global Custody Agreement - New York - General - January 2022

Appears in 1 contract

Samples: Global Custody Agreement (Macquarie ETF Trust)

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