Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation: (i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets; (iii) The Eligible Foreign Custodian's general reputation and standing; and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 105 contracts
Samples: Custodian Agreement (New Age Alpha Funds Trust), Custody Agreement (Mh Elite Portfolio of Funds Trust), Custodian and Transfer Agent Agreement (Investment Managers Series Trust III)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 39 contracts
Samples: Custodian Agreement (New Age Alpha Variable Funds Trust), Custodian Agreement (BondBloxx ETF Trust), Custodian Agreement (Alger ETF Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 9 of this Delegation Agreement.
Appears in 23 contracts
Samples: Delegation Agreement (Waddell & Reed Advisors High Income Fund Inc), Delegation Agreement (Waddell & Reed Advisors Continental Income Fund Inc), Delegation Agreement (W&r Target Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 20 contracts
Samples: Delegation Agreement (W&r Target Funds Inc), Delegation Agreement (Waddell & Reed Advisors Fixed Income Funds Inc), Delegation Agreement (Waddell & Reed Advisors Cash Management Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 18 contracts
Samples: Delegation Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Delegation Agreement (Fairway Private Equity & Venture Capital Opportunities Fund), Delegation Agreement (Starboard Investment Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 17 contracts
Samples: Master Custodian Agreement (DWS Variable Series I), Master Custodian Agreement (DWS Variable Series Ii), Master Custodian Agreement (DWS Securities Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 14 contracts
Samples: Custodian Agreement (Touchstone Strategic Trust), Custodian Agreement (Ing Funds Trust), Custodian Agreement (Gam Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 14 contracts
Samples: Custodian Agreement (Investment Managers Series Trust II), Custodian Agreement (Investment Managers Series Trust II), Custodian and Transfer Agent Agreement (Unified Series Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 8 contracts
Samples: Custodian Agreement (First Trust Exchange-Traded Fund V), Custodian Agreement (First Trust Exchange-Traded Fund Vii), Custodian Agreement (First Trust Exchange Traded Fund III)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Trust’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Trust’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Trust’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 7 contracts
Samples: Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust), Custodian and Transfer Agent Agreement (Pointbreak ETF Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itit after diligent efforts.
Appears in 4 contracts
Samples: Custody Agreement (Pilgrim Mutual Funds), Custodian Agreement (Pilgrim Troika Dialog Russia Fund Inc), Custody Agreement (Pilgrim Worldwide Emerging Markets Fund Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief care set forth in the Custodian Agreement, taking into account that such determination must be made based only on information reasonably available to it.
Appears in 4 contracts
Samples: Custodian Agreement (Mutual of America Investment Corp), Custodian Agreement (Mutual of America Variable Insurance Portfolios, Inc.), Custodian Agreement (Mutual of America Institutional Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 4 contracts
Samples: Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer Diversified High Income Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Trust’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Trust’s Assets placed with the Eligible Foreign Custodian will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) i. The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) . Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's AssetsTrust’s Assets placed with the Eligible Foreign Custodian;
(iii) . The Eligible Foreign Custodian's ’s general reputation and standing; : and
(iv) . Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 4 contracts
Samples: Custodian Agreement (Sei Institutional International Trust), Custodian Agreement (Adviser Managed Trust), Custodian Agreement (Sei Institutional Managed Trust)
Selection of Eligible Foreign Custodian. The Delegate Foreign Custody Manager shall place and maintain the Fund's Foreign Assets with an Eligible Foreign Custodian, ; provided that the Delegate Foreign Custody Manager shall have determined that the Fund's Foreign Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Foreign Assets, including, but not limited to, the adequacy of the Eligible Foreign Custodian's capital with regard to protecting the Fund's assets against the risk of loss due to such Eligible Foreign Custodian's insolvency;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate Foreign Custody Manager shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itit in accordance with the standard of care set forth in Section 8 of this Schedule.
Appears in 3 contracts
Samples: Custodian Agreement (Scudder Target Equity Fund), Custodian Agreement (Scudder New Europe Fund Inc /New/), Custodian Agreement (Scudder International Research Fund Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care care, prudence, and diligence based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 3 contracts
Samples: Delegation Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Delegation Agreement (Versus Capital Real Assets Fund LLC), Delegation Agreement (Versus Capital Infrastructure Income Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 3 contracts
Samples: Custodian Agreement (Pioneer Municipal High Income Opportunities Fund, Inc.), Custodian Agreement (Pioneer Floating Rate Trust), Custodian Agreement (Pioneer ILS Interval Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Trust’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Trust’s Assets placed with the Eligible Foreign Custodian will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's AssetsTrust’s Assets placed with the Eligible Foreign Custodian;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 3 contracts
Samples: Custodian Agreement (Sei Institutional Managed Trust), Custodian Agreement (Global X Funds), Custodian Agreement (Sei Institutional Managed Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's a Portfolio’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's a Portfolio’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's a Portfolio’s Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 3 contracts
Samples: Custodian Agreement (James Alpha Funds Trust), Custodian and Transfer Agent Agreement (Northern Lights Fund Trust Ii), Custodian Agreement (James Alpha Funds Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 3 contracts
Samples: Delegation Agreement (Primark Private Equity Fund), Delegation Agreement (Green Century Funds), Delegation Agreement (Green Century Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Amana Mutual Funds Trust), Delegation Agreement (Saturna Investment Trust), Custody Agreement (Cheswold Lane Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 9 of this Delegation Agreement.
Appears in 3 contracts
Samples: Custody Agreement (Aegis Funds), Delegation Agreement (Icap Funds Inc), Delegation Agreement (Wasatch Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 3 contracts
Samples: Delegation Agreement (Icap Funds Inc), Delegation Agreement (Umb Scout Balanced Fund Inc), Delegation Agreement (Fairholme Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the each Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market markets after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of or process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 3 contracts
Samples: Custodian Agreement (BBH Trust), Custodian Agreement (BBH Fund Inc), Custodian Agreement (BBH Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 3 contracts
Samples: Custody Agreement (Foxby Corp.), Custody Agreement (Midas Series Trust), Custody Agreement (Dividend & Income Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (Nicholas Applegate Convertible & Income Fund), Custodian Agreement (Nicholas Applegate Convertible & Income Fund Ii)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the FundTrust's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the FundTrust's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the FundTrust's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (CSOP ETF Trust), Custodian Agreement (Matthews International Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (Icon Funds), Custodian Agreement (First Investors Life Series Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the each Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the each Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the each Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (DWS Investors Funds, Inc.), Custodian Agreement (Scudder Institutional Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.United
Appears in 2 contracts
Samples: Custodian Agreement (Aetna Series Fund Inc), Custodian Agreement (Aetna Series Fund Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (PowerShares India Exchange-Traded Fund Trust), Custodian Agreement (PowerShares India Exchange-Traded Fund Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standingstanding and, in the case of a Securities Depository, the depository's operating history and number of participants; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Foreign Custody Manager Delegation Agreement (Nicholas Applegate Investment Trust), Foreign Custody Manager Delegation Agreement (Nicholas Applegate Mutual Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 2 contracts
Samples: Delegation Agreement (Broadstone Real Estate Access Fund), Delegation Agreement (Broadstone Real Estate Access Fund, Inc.)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the a Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the a Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custody Agreement (Unified Series Trust), Custody Agreement (Northern Lights Fund Trust Ii)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 2 contracts
Samples: Delegation Agreement, Delegation Agreement (Oberweis Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 2 contracts
Samples: Delegation Agreement (Eagle Point Institutional Income Fund), Delegation Agreement (A3 Alternative Credit Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to in accordance with the best standard of its knowledge care set forth in Section 8 hereof and belief based only on information reasonably available to it.
Appears in 2 contracts
Samples: Custodian Agreement (Janus Adviser), Custodian Agreement (Janus Adviser)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.such
Appears in 1 contract
Samples: Delegation Agreement (Oberweis Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for for, or its own consent to, service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Cambria ETF Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 9 of this Delegation Agreement.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Trust’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Trust’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Trust’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. Execution Version The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Advisors' Inner Circle Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets Trust’s and each Company’sAssets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Trust’s or Company’s Assets placed with the Eligible Foreign Custodian will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) i. The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical thephysical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) . Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's AssetsTrust’s or Company’s Assets placed with the Eligible Foreign Custodian;
(iii) . The Eligible Foreign Custodian's ’s general reputation and standing; : and
(iv) . Whether the Fund Trust or a Company will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian Agreement (Sei Institutional Investments Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the FundPortfolio's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the FundPortfolio's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the FundPortfolio's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standingstanding and, in the case of a Securities Depository, the depository's operating history and number of participants; and
and (iv) Whether the Fund Portfolio will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Foreign Custody Manager Delegation Agreement (Dow Jones Islamic Market Index Portfolio)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place ---------------------------------------- place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itit after diligent efforts.
Appears in 1 contract
Samples: Custodian Agreement (Lexington Emerging Markets Fund Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over over, and be able to enforce judgments against against, the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place --------------------------------------- and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.United
Appears in 1 contract
Samples: Custodian Agreement (Deutsche Asset Management Vit Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United EXECUTION COPY States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.appointment
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standingstanding and, in the case of a Securities Depository, the depository's operating history and number of participants; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.,
Appears in 1 contract
Samples: Custodian Agreement (Javelin Exchange-Traded Trust)
Selection of Eligible Foreign Custodian. The Delegate Foreign Custody Manager shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate Foreign Custody Manager shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate Foreign Custody Manager shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian Agreement (First Trust Exchange-Traded Fund Iv)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Trust’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Trust’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Trust’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund Trust will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian Agreement (Sei Institutional International Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian Agreement (First Trust Exchange-Traded Fund Vi)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the a Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Schedule.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Funda Portfolio's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Funda Portfolio's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Funda Portfolio's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (Uncommon Investment Funds Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's theFund’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined havedetermined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable standardsapplicable to custodians in the relevant market after considering factors relevant to the safekeeping of safekeepingof such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, ,including, but not limited to, the physical protections available for certificated securities (if securities(if applicable), the controls and procedures for dealing with any Securities Depository, ,the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide toprovide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against judgmentsagainst the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such ofsuch Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment Custodian’sappointment of an agent for service of process in the United States or consent to jurisdiction tojurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and knowledgeand belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Master Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)
Selection of Eligible Foreign Custodian. The Delegate shall place --------------------------------------- and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standingstanding and, in the case of a Securities Depository, the depository's operating history and number of participants; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Foreign Custody Manager Delegation Agreement (Bear Stearns Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate Citibank shall place and maintain the Fund's Funds’ Assets with an Eligible Foreign Custodian; provided that, provided Citibank shall be required to determine that the Delegate shall have determined that the Fund's Funds’ Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds’ Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate Citibank shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Agreement.
Appears in 1 contract
Samples: Delegation Agreement (Little Harbor MultiStrategy Composite Fund)
Selection of Eligible Foreign Custodian. The Delegate Foreign Custody Manager shall place and maintain the Fund's Foreign Assets with an Eligible Foreign Custodian, ; provided that the Delegate Foreign Custody Manager shall have determined that the Fund's Foreign Assets will be subject to reasonable care based on on, the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, ; the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Foreign Assets, including, but not limited to, the adequacy of the Eligible Foreign Custodian's capital with regard to protecting the Fund's assets against the risk of loss due to such Eligible Foreign Custodian's insolvency;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate Foreign Custody Manager shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itit in accordance with the standard of care set forth in Section 8 of this Schedule.
Appears in 1 contract
Samples: Custodian Agreement (Scudder Commodities Stock Fund, Inc.)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itit after diligent efforts.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to it.care set forth in Section 9 of this Delegation Agreement. {}
Appears in 1 contract
Samples: Delegation Agreement (Waddell & Reed Advisors Asset Strategy Fd Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
: (i) The Eligible Foreign Custodian's practices, procedures, ,and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
; (iii) The Eligible Foreign Custodian's general reputation and standing; and
and (iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.such
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including including, without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Eligible Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets assets, including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 9 of this Delegation Agreement.
Appears in 1 contract
Samples: Delegation Agreement (Ivy Funds Inc)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
; (iii) The the Eligible Foreign Custodian's general reputation and standing; and
and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The To the extent consistent with the standard of care set forth herein, the Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the each Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the a Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the a Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the a Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the a Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the a Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for for, or its own consent to, service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian Agreement (Pgim Etf Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the a Fund's ’s Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the a Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;:
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, . such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custody Agreement (American Pension Investors Trust)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination dete1mination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Custodian and Transfer Agent Agreement (THOR Financial Technologies Trust)
Selection of Eligible Foreign Custodian. The Delegate Foreign Custody Manager shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate Foreign Custody Manager shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate Foreign Custody Manager shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to itin accordance with Section 8 hereunder.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets, including but not limited to the adequacy of the Eligible Foreign Custodian's capital with regard to protecting the Fund's assets against the risk of loss due to such Custodian's insolvency;
(iii) The Eligible Foreign Custodian's general reputation and standingstanding and, in the case of a Securities Depository, the depository's operating history and number of participants; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Samples: Foreign Custody Manager Delegation Agreement (Ivy Fund)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Assets with an Eligible Foreign Custodian, provided ; PROVIDED that the Delegate shall have determined that the Fund's Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets Assets including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
; (ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
and (iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.United
Appears in 1 contract
Samples: Delegation Schedule (Nicholas Applegate Institutional Funds)
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Assets with an Eligible Foreign Custodian, ; provided that the Delegate shall have determined that the Fund's ’s Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering all factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's Funds' Assets with an Eligible Foreign Custodian; provided that, provided that the Delegate shall have determined be required to determine that the Fund's Funds' Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market market, after considering all factors relevant to the safekeeping of such assets Assets, including without limitation:
(i) The Eligible Foreign Custodian's practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's Funds' Assets;
(iii) The Eligible Foreign Custodian's general reputation and standing; and
(iv) Whether the Fund Funds will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to consistent with the best standard of its knowledge and belief based only on information reasonably available to itcare set forth in Section 8 of this Delegation Agreement.
Appears in 1 contract
Selection of Eligible Foreign Custodian. The Delegate shall place and maintain the Fund's ’s Foreign Assets with an Eligible Foreign Custodian, provided that the Delegate shall have determined that the Fund's ’s Foreign Assets will be subject to reasonable care based on the standards applicable to custodians in the relevant market after considering factors relevant to the safekeeping of such assets including without limitation:
(i) The Eligible Foreign Custodian's ’s practices, procedures, and internal controls, including, but not limited to, the physical protections available for certificated securities (if applicable), the controls and procedures for dealing with any Securities Depository, the method of keeping custodial records, and the security and data protection practices;
(ii) Whether the Eligible Foreign Custodian has the requisite financial strength to provide reasonable care for the Fund's ’s Foreign Assets;
(iii) The Eligible Foreign Custodian's ’s general reputation and standing; and
(iv) Whether the Fund will have jurisdiction over and be able to enforce judgments against the Eligible Foreign Custodian, such as by virtue of the existence of any offices of such Eligible Foreign Custodian in the United States or such Eligible Foreign Custodian's ’s appointment of an agent for service of process in the United States or consent to jurisdiction in the United States. The Delegate shall be required to make the foregoing determination to the best of its knowledge and belief based only on information reasonably available to it.
Appears in 1 contract
