The Depositary Bank Sample Clauses
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The Depositary Bank. The Management Company has appointed BNP Paribas Securities Services, Luxembourg Branch (the “Depositary Bank”) as depositary of the Fund’s assets under the terms of a written agreement dated 18 March 2016 (the “Depositary Agreement”) between the Management Company acting on behalf of the Fund and the Depositary Bank. BNP Paribas Securities Services Luxembourg is a branch of BNP Paribas Securities Services SCA, a wholly- owned subsidiary of BNP Paribas SA. BNP Paribas Securities Services SCA is a licensed bank incorporated in France as a Société en Commandite par Actions (partnership limited by shares) under No.▇▇▇ ▇▇▇ ▇▇▇, authorised by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) and supervised by the Autorité des Marchés Financiers (AMF), with its registered address at ▇ ▇▇▇ ▇’▇▇▇▇▇, 75002 Paris, acting through its Luxembourg Branch, whose office is at ▇▇, ▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇, L-1855 Luxembourg, Grand Duchy of Luxembourg, and is supervised by the Commission de Surveillance du Secteur Financier (the “CSSF”). The Depositary Bank performs three types of functions, namely (i) the oversight duties (as defined in Article 34(1) of the Law), (ii) the monitoring of the cash flows of the Fund (as set out in Article 34(2) of the Law) and (iii) the safekeeping of the Fund’s assets (as set out in Article 34(3) of the Law). Under its oversight duties, the Depositary Bank is required to:
The Depositary Bank. BNP Paribas Securities Services, Luxembourg Branch, having its office in Luxembourg, is appointed as the Depositary Bank of the Fund’s assets. The Depositary Bank assumes the task of keeping the cash and securities that constitute the Fund’s assets for the account and in the exclusive interest of the Unit Holders. It may entrust all or part of the assets of the Fund, in particular securities traded abroad or listed on a foreign stock exchange or admitted to a clearing system, to such clearing system or to such correspondent banks, nominees, delegates or agents of the Depositary Bank as may be determined by the Depositary Bank from time to time, without any impairment to its depositary responsibilities. It fulfils the usual duties and obligations for deposits of cash and securities according to Luxembourg law. The Depositary Bank may dispose of the assets of the Fund and make payments to third parties for the account of the Fund only in accordance with these Management Rules, the Law of 17 December 2010 on Undertakings for Collective Investment, as amended from time to time (“the 2010 Law”), and the instructions of the Management Company. The Depositary Bank carries out all operations concerning the day‐to‐day administration of the Fund assets. The Depositary Bank also carries out the instructions of the Management Company, unless they conflict with the law or the Management Rules and executes, as ordered thereby, any material transactions in respect to the assets of the Fund. The Depositary Bank is in particular instructed by the Management Company to (a) pay for transferable securities purchased against delivery thereof, deliver securities sold against collection of their price, collect dividends and interest accrued on jointly owned securities, and exercise the subscription and allocation rights attached thereto; (b) deliver written confirmations to subscribers against payment of the corresponding net asset value; (c) receive and honour redemption and conversion requests at the conditions set out under Articles 10 and 11 of these Management Rules, and cancel written confirmations relating to redeemed or converted Units. The Depositary Bank must moreover ensure that (a) the sale, issue, redemption and cancellation of Units effected on behalf of the Fund or by the Management Company are carried out in accordance with the law and these Management Rules; (b) the value of the Units is calculated in accordance with the law and these Management Rules; (c) the e...
The Depositary Bank. (i) The Depositary Bank hereby agrees to act as securities intermediary (as defined in the UCC) in respect of the Collateral Accounts established with the Depositary Bank under this Agreement. The Borrower hereby acknowledges that the Depositary Bank shall act as securities intermediary in respect of the Collateral Accounts under this Agreement. The Collateral Agent may, with the consent of the Borrower (which consent shall not be unreasonably withheld), select another financial institution to act as Depositary Bank under this Agreement, subject to the written agreement of the replacement Depositary Bank to be bound by the terms and conditions of this Agreement.
(ii) The Depositary Bank acknowledges, confirms and agrees that (A) the Collateral Accounts have been established as set forth in Section 4.01(a), (B) each Collateral Account is a "securities account" (as defined in the UCC), (C) the Borrower is the "entitlement holder" (as defined in the UCC) of the Collateral Accounts, (D) all property delivered to the Depositary Bank pursuant to this Agreement or the Collateral Documents will be promptly credited to a Collateral Account (as specified herein), (E) all "financial assets" (as defined in the UCC) in registered form or payable to or to order and credited to any Collateral Account shall be registered in the name of, payable to or to the order of, or specially endorsed to, the Depositary Bank or in blank, or credited to another securities account maintained in the name of the Depositary Bank, and in no case will any financial asset credited to either Collateral Account be registered in the name of, payable to or to the order of, or specially endorsed to, the Borrower except to the extent the foregoing have been specially endorsed by the Borrower to the Depositary Bank or in blank, (F) the Depositary Bank shall promptly comply with all instructions of the Collateral Agent and, to the limited extent set forth below in this Article IV, the Borrower in connection with the transfer or withdrawal of amounts in the Cash Collateral Accounts and (g) the Depositary Bank shall not change the name or account number of either Collateral Account without the prior written consent of the Collateral Agent.
(iii) The Depositary Bank agrees that each item of property (whether cash, a security, an instrument or obligation, share, participation, interest or other property whatsoever) credited to either Collateral Account shall be treated as a "financial asset" under and as...
The Depositary Bank. Section 7.1 Appointment of Depositary Bank; Powers and Immunities.....................40 Section 7.2 Reliance by Depositary Bank...............................................41 Section 7.3 Court Orders..............................................................41 Section 7.4 Resignation or Removal....................................................41 Section 7.5 Expenses; Indemnification; Fees...........................................42
The Depositary Bank. Section 4.1 APPOINTMENT OF DEPOSITARY BANK, POWERS AND IMMUNITIES.................................19 Section 4.2 RELIANCE BY DEPOSITARY BANK...........................................................20 Section 4.3
The Depositary Bank
