Common use of UKRAINE Clause in Contracts

UKRAINE. (i) Chase shall advise the Fund (and shall update such advice from time to time as changes occur) of those Registrar Companies with which the Ukrainian Eligible Foreign Custodian has entered into a Registrar Contract and the identity of those Ukrainian Securities Depositories, if any, of which it is a member. In the case of Ukrainian Securities which are held for the accounts through a Registrar Company, but not through a Ukrainian Eligible Securities Depository, Chase shall procure the Ukrainian Eligible Foreign Custodian's agreement both to monitor each Registrar Company and to promptly advise Chase (which shall then promptly advise the Fund) when the Ukrainian Eligible Foreign Custodian has actual knowledge of the occurrence of any one or more of the events described in paragraphs (i)-(v) on pages 8-9 of the No-Action Letter with respect to a Registrar Company that serves in that capacity for any issuer the shares of which are held by the Fund. (ii) Where the Fund is considering investing in the Ukrainian Securities of an issuer as to which the Ukrainian Eligible Foreign Custodian does not have a Registrar Contract with the issuer's Registrar Company which Ukrainian Securities either are held though a Ukrainian Eligible Securities Depository or are held in a Ukrainian Eligible Securities Depository of which the Ukrainian Eligible Foreign Custodian is not a member, the Fund may request that Chase request the Ukrainian Eligible Foreign Custodian both to consider whether it would be willing to attempt to enter into such a Registrar Contract or become a member of such a Ukrainian Eligible Securities Depository and to advise the Fund of its willingness to do so. Where the Ukrainian Eligible Foreign Custodian has agreed to make such an attempt, Chase shall advise the Fund of the occurrence of any one or more of the events described in paragraphs (i)-(iv) on pages 8-9 of the No- Action Letter of which the Ukrainian Eligible Foreign Custodian has actual knowledge and has advised Chase. (iii) Where the Fund is considering investing in the Ukrainian Securities of an issuer as to which the Ukrainian Eligible Foreign Custodian has a Registrar Contract with the issuer's Registrar Company, the Fund may advise Chase of its interest in investing in such issuer and, in such event, Chase will advise the Fund of the occurrence of any one or more of the events described in paragraphs (i)-(v) on pages 8-9 of the No-Action Letter of which the Ukrainian Eligible Foreign Custodian has actual knowledge and has advised Chase. B. The Fund shall pay for and hold Chase and the Ukrainian Eligible Foreign Custodian harmless from any liability or loss resulting from the imposition or assessment of any taxes or other governmental charges, and any related expenses with respect to income on the that Fund's Ukrainian Securities. C. The Fund acknowledges that the Ukrainian Eligible Foreign Custodian may not be able, in given cases and despite its reasonable efforts, to obtain a Share Extract from a Registrar Company or a Depository Extract from a Ukrainian Eligible Securities Depository, and neither Chase nor the Ukrainian Eligible Foreign Custodian shall be liable in any such event including with respect to any losses resulting from such failure. D. Subject to the co-operation of a Registrar Company, for at least the first two years following the Ukrainian Eligible Foreign Custodian's first use of a Registrar Company, Chase shall procure the Ukrainian Eligible Foreign Custodian's agreement to conduct share confirmations with that Registrar Company on at least a quarterly basis, although thereafter confirmations may be conducted on a less frequent basis if the Fund, in consultation with Chase, determines it to be appropriate. X. Xxxxx shall prepare for distribution to the Fund a quarterly report identifying: (i) any concerns the Ukrainian Eligible Foreign Custodian has regarding the Ukrainian share registration system that should be brought to the attention of the Fund; and (ii) the steps the Ukrainian Eligible Foreign Custodian has taken during the reporting period to help assure that the Fund's interests continue to be appropriately recorded. F. The Fund acknowledges that it has received, reviewed and understands Chase's market report for the Ukraine, including, but not limited to, the risks described therein. G. Except as provided in Clause 15C above, the services to be provided hereunder will be provided only in relation to Ukrainian Securities for which the Ukrainian Eligible Foreign Custodian has entered into a Registrar Contract with the relevant Registrar Company or which are held through a Ukrainian Eligible Securities Depository of which the Ukrainian Eligible Foreign Custodian is a member.

UKRAINE. (i) Chase shall advise the Fund (and shall update such advice from time to time as changes occur) of those Registrar Companies with which the Ukrainian Eligible Foreign Custodian has entered into a Registrar Contract and the identity of those Ukrainian Securities Depositories, if any, of which it is a member. In the case of Ukrainian Securities which are held for the accounts through a Registrar Company, but not through a Ukrainian Eligible Securities Depository, Chase shall procure the Ukrainian Eligible Foreign Custodian's agreement both to monitor each Registrar Company and to promptly advise Chase (which shall then promptly advise the Fund) when the Ukrainian Eligible Foreign Custodian has actual knowledge of the occurrence of any one or more of the events described in paragraphs (i)-(v) on pages 8-9 of the No-Action Letter with respect to a Registrar Company that serves in that capacity for any issuer the shares of which are held by the Fund. (ii) Where the Fund is considering investing in the Ukrainian Securities of an issuer as to which the Ukrainian Eligible Foreign Custodian does not have a Registrar Contract with the issuer's Registrar Company which Ukrainian Securities either are held though a Ukrainian Eligible Securities Depository or are held in a Ukrainian Eligible Securities Depository of which the Ukrainian Eligible Foreign Custodian is not a member, the Fund may request that Chase request the Ukrainian Eligible Foreign Custodian both to consider whether it would be willing to attempt to enter into such a Registrar Contract or become a member of such a Ukrainian Eligible Securities Depository and to advise the Fund of its willingness to do so. Where the Ukrainian Eligible Foreign Custodian has agreed to make such an attempt, Chase shall advise the Fund of the occurrence of any one or more of the events described in paragraphs (i)-(iv) on pages 8-9 of the No- No-Action Letter of which the Ukrainian Eligible Foreign Custodian has actual knowledge and has advised Chase. (iii) Where the Fund is considering investing in the Ukrainian Securities of an issuer as to which the Ukrainian Eligible Foreign Custodian has a Registrar Contract with the issuer's Registrar Company, the Fund may advise Chase of its interest in investing in such issuer and, in such event, Chase will advise the Fund of the occurrence of any one or more of the events described in paragraphs (i)-(v) on pages 8-9 of the No-Action Letter of which the Ukrainian Eligible Foreign Custodian has actual knowledge and has advised Chase. B. The Fund shall pay for and hold Chase and the Ukrainian Eligible Foreign Custodian harmless from any liability or loss resulting from the imposition or assessment of any taxes or other governmental charges, and any related expenses with respect to income on the that Fund's Ukrainian Securities. C. The Fund acknowledges that the Ukrainian Eligible Foreign Custodian may not be able, in given cases and despite its reasonable efforts, to obtain a Share Extract from a Registrar Company or a Depository Extract from a Ukrainian Eligible Securities Depository, and neither Chase nor the Ukrainian Eligible Foreign Custodian shall be liable in any such event including with respect to any losses resulting from such failure. D. Subject to the co-operation of a Registrar Company, for at least the first two years following the Ukrainian Eligible Foreign Custodian's first use of a Registrar Company, Chase shall procure the Ukrainian Eligible Foreign Custodian's agreement to conduct share confirmations with that Registrar Company on at least a quarterly basis, although thereafter confirmations may be conducted on a less frequent basis if the Fund, in consultation with Chase, determines it to be appropriate. X. Xxxxx shall prepare for distribution to the Fund a quarterly report identifying: (i) any concerns the Ukrainian Eligible Foreign Custodian has regarding the Ukrainian share registration system that should be brought to the attention of the Fund; and (ii) the steps the Ukrainian Eligible Foreign Custodian has taken during the reporting period to help assure that the Fund's interests continue to be appropriately recorded. F. The Fund acknowledges that it has received, reviewed and understands Chase's market report for the Ukraine, including, but not limited to, the risks described therein. G. Except as provided in Clause 15C above, the services to be provided hereunder will be provided only in relation to Ukrainian Securities for which the Ukrainian Eligible Foreign Custodian has entered into a Registrar Contract with the relevant Registrar Company or which are held through a Ukrainian Eligible Securities Depository of which the Ukrainian Eligible Foreign Custodian is a member.