Common use of Subcustodian Agreements Clause in Contracts

Subcustodian Agreements. In connection with its duties under this Agreement, the Custodian may, at its own expense, enter into subcustodian agreements with other banks or trust companies for the receipt of certain securities and cash to be held by the Custodian for the account of the Trust pursuant to this Agreement; provided that each such bank or trust company has an aggregate capital, surplus and undivided profits, as shown by its last published report, of not less then twenty million dollars ($20,000,000) and that such bank or trust company agrees with the Custodian to comply with all relevant provisions of the 1940 Act and applicable rules and regulations thereunder. The Custodian will be liable for acts or omissions of any such subcustodian. (a) Promptly after the close of business on each day the Custodian shall furnish the Trust with system access to review a summary of all transfers to or from the account of the Trust during said day. Where securities are transferred to the account of the Trust established at a Securities Depository or the Book Entry System pursuant to Paragraph 13 hereof, the Custodian shall use the Securities Depository or Book Entry System to identity as belonging to such Trust the securities in a commingled group of securities registered in the name of the Custodian (or its nominee) or shown in the Custodian's account on the books of a Securities Depository or the Book-Entry System. At least monthly and from time to time, the Custodian shall furnish the Trust with a detailed statement of the Property held for the Trust under this Agreement. (b) Notwithstanding any other provision of this agreement, no provision of this Section 12, and no provision of this agreement relating to subcustodians, shall apply to any agreement entered into by the Custodian for the purpose of facilitating repurchase transactions by the Fund ("Tri-party Agreements"), except that (i) the indemnification obligations owed to the Custodian by the Fund and set forth in Sections 28(a) and (b) shall apply to such Tri-party Agreements without qualification; and (ii) the Fund's rights contained in Section 30 of this Agreement shall apply to such Tri-party Agreements. All actions taken by the Custodian in connection with such Tri-party Agreements shall be taken solely for the purpose of providing and accepting instructions at the Fund's request and on the Fund's behalf.

Appears in 5 contracts

Samples: Mutual Fund Custody Agreement (Victory Portfolios), Mutual Fund Custody Agreement (Victory Variable Insurance Funds), Mutual Fund Custody Agreement (Victory Portfolios)

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