Use of Depository Sample Clauses

Use of Depository. The Custodian may deposit all or any part of the securities owned by the Fund in a (a) clearing agency registered with the Securities and Exchange Commission under Section 17A of the Securities Exchange Act of 1934 which acts as a securities depository, or (b) the book-entry system as provided in Subpart O of Treasury Circular Xx. 000, 00 XXX 000, Xxxxxxx X of 00 XXX 000, and the book-entry regulations of federal agencies substantially in the form of Subpart O, (hereinafter referred to as "Depository") in accordance with the provisions of Rule 17f-4 under the Investment Company Act of 1940, or the applicable provisions of a comparable rule adopted by the Securities and Exchange Commission, and this Agreement. The Custodian shall establish, for the participation of the Fund, an account at the Depository which shall not include any assets held by the Custodian other than as a fiduciary, custodian or otherwise for customers. The Custodian shall send the Fund confirmation of any transfers to or from the account of the Fund including those where the transaction takes place by book entry at the Depository and shall identify securities held by the Depository belonging to the Fund. Upon request, the Custodian shall also provide the Fund with any report obtained by the Custodian on the Depository's system of internal accounting control and such reports on the Custodian's own system of internal accounting control as the Fund may reasonably require. The Custodian shall indemnify the Fund for any loss or damage resulting from the use of the Depository arising by reason of any negligence, misfeasance or misconduct of the Custodian or its employees or agents or from a failure of the Custodian to enforce effectively such rights as it may have against the Depository.
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Use of Depository. (i) The Certificates shall be registered initially in the name of “Cede & Co.,” as nominee of DTC, with all Certificates maturing on the same maturity date and bearing the same interest rate in the form of a single certificate. Ownership of such immobilized Certificates, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Committee pursuant to subsection (ii) below or such substitute depository’s successor; or (C) to any person as provided in subsection (iv) below. (ii) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Committee to discontinue the system of book-entry transfers through DTC or its successor (or any substitute depository or its successor), the Committee may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i) above, the Trustee shall, upon receipt of all outstanding Certificates, together with a written request on behalf of the Committee, issue a single new Certificate for each maturity of the immobilized Certificates then Outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request. (iv) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the State determines that it is in the best interest of the Beneficial Owners of any Certificates that Owners of Certificates be able to obtain those certificates in the form of the Certificates, the ownership of the Certificates may then be transferred to any person or entity as herein provided, and shall no longer be held in fully immobilized form. The State shall deliver a written request to the Trustee, together with a supply of definitive Certificates for that Series to issue Certificates as herein provided in any Authorized Denomination. Upon receipt by the Trustee of all then outstanding Certificates of that Series, together with a wri...
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Use of Depository. Notwithstanding any provision of this Indenture to
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Use of Depository. Notwithstanding any provision of the Master Agreement or this Appendix A-19 to the contrary, the 2014C Bonds shall be initially issued as Book-Entry Bonds. Registered ownership of such 2014C Bonds, or any portions thereof, may not thereafter be transferred except as provided in Section 2.09 of the Master Agreement.
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Use of Depository. Notwithstanding any provision of this Indenture to the contrary: (a) The Bonds initially shall be registered as provided in Section 2.02 hereof. Registered ownership of the Bonds, or any portion thereof, may not thereafter be transferred except: (i) To any successor of the Depository or its nominee, or to any Substitute Depository designated pursuant to clause (ii) of this subsection (a) (“Substitute Depository”); provided that any successor of the Depository or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) To any Substitute Depository designated by the Authority (at the direction of the Borrower), upon (1) the resignation of the Depository or its successor (or any Substitute Depository or its successor) from its functions as depository or (2) a determination by the Authority (at the direction of the Borrower) that the Depository or its successor (or any Substitute Depository or its successor) is no longer able to carry out its functions as depository; provided that any such Substitute Depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (iii) To any person as provided below, upon (1) the resignation of the Depository or its successor (or Substitute Depository or its successor) from its functions as depository; provided that no Substitute Depository can be obtained or
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Use of Depository. { TC "SECTION A-20.11. Use of Depository" \l "2" \y}. Notwithstanding any provision of the Master Agreement or this Appendix A-20 to the contrary, the 2017A Bonds shall be initially issued as Book-Entry Bonds. OHSUSA:766237564.6 A-20-8 Registered ownership of such 2017A Bonds, or any portions thereof, may not thereafter be transferred except as provided in Section 2.09 of the Master Agreement. SECTION A-20.12. Continuing Disclosure{ TC "SECTION A-20.12. Continuing Disclosure" \l "2" \y}. The Director of Finance is hereby authorized and directed to agree on behalf of the City to provide annually certain financial information and operating data of the City with respect to the Enterprise and to provide notices of certain events, in certain cases if material, pursuant to Rule 15c2-12(b)(5) of the Securities and Exchange Commission, and to execute and deliver a Continuing Disclosure Certificate for the benefit of the holders and Beneficial Owners of 2017A Bonds in a form acceptable to the purchaser of such 2017A Bonds and upon the advice of the City Attorney. The Trustee shall, within ten (10) Business Days of obtaining actual knowledge of the occurrence of any of the Listed Events (with no obligation to determine the materiality thereof), contact the City, inform the Director of Finance of the event, and request that the City promptly determine (and notify the Dissemination Agent, if the Dissemination Agent is not the City, in writing) whether or not to report the event pursuant to the Continuing Disclosure Certificate. As used above, “actual knowledge” means actual knowledge at the principal corporate trust office of the Trustee by an officer of the Trustee with responsibility for matters related, to the administration of the Master Agreement SECTION A-20.13. Due Authorization{ TC "SECTION A-20.13. Due Authorization" \l "2" \y}. The City has reviewed all proceedings heretofore taken relative to the authorization of 2017A Bonds and has found, as a result of such review, and does hereby find and determine, that the City has duly and regularly complied with all applicable provisions of law and is duly authorized by law to issue the 2017A Bonds in the manner and upon the terms provided in the Master Agreement and this Appendix A-20 and that all acts, conditions and things required by law to exist, happen and be performed precedent to and in connection with the issuance of the 2017A Bonds exist, have happened and have been performed in regular and due time, form a...
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Use of Depository. You may use a Bank Depository Unit (“Depository”). You expressly agree that the use of such Depository shall be at your sole and exclusive risk, and you hereby assume any and all risks incidental to or arising out of the use of the Depository. You further expressly agree that neither Bank nor any of its officers, agents or employees shall be responsible for any loss or damage sustained by you in the use of the Depository, including, without limitation, loss occasioned by mechanical defect, act of God, pandemic, malfunction with respect to its Depository, or your omission or inability to properly operate its Depository, unless such damage or loss is caused by Bank’s gross negligence or deliberate malfeasance. You further expressly agree that Bank will not be responsible for any loss occasioned by the use of the Depository by any acts of its customers, depositors, or other persons for any dangerous or unlawful purposes or arising from acts of vandalism or malicious mischief.
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Use of Depository. Subject to such rules, regulations or guidelines as the Securities and Exchange Commission may adopt, the Custodian may deposit all or any part of the securities owned by the Corporation in a securities depository which includes any system for the central handling of securities established by a national securities exchange or a national securities association registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, or such other person as may be permitted by the Commission, pursuant to which system all securities of any particular class or series of any issuer deposited within the system are treated as fungible and may be transferred or pledged by bookkeeping entry without physical delivery of such securities.
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Related to Use of Depository

  • Use of a Depository Provided (i) the Bank has received a certified copy of a resolution of the Board specifically approving deposits in DTC or other such Depository and (ii) for any subsequent changes to such arrangements following such approval, the Board has reviewed and approved the arrangement and has not delivered an Officer's Certificate to the Bank indicating that the Board has withdrawn its approval: (a) The Bank may use a Depository to hold, receive, exchange, release, lend, deliver and otherwise deal with Portfolio Securities including stock dividends, rights and other items of like nature, and to receive and remit to the Bank on behalf of the Fund all income and other payments thereon and to take all steps necessary and proper in connection with the collection thereof; (b) Registration of Portfolio Securities may be made in the name of any nominee or nominees used by such Depository; (c) Payment for securities purchased and sold may be made through the clearing medium employed by such Depository for transactions of participants acting through it. Upon any purchase of Portfolio Securities, payment will be made only upon delivery of the securities to or for the account of the Fund and the Fund shall pay cash collateral against the return of Portfolio Securities loaned by the Fund only upon delivery of the Securities to or for the account of the Fund; and upon any sale of Portfolio Securities, delivery of the Securities will be made only against payment therefor or, in the event Portfolio Securities are loaned, delivery of Securities will be made only against receipt of the initial cash collateral to or for the account of the Fund; and (d) The Bank shall use its best efforts to provide that: (i) The Depository obtains replacement of any certificated Portfolio Security deposited with it in the event such Security is lost, destroyed, wrongfully taken or otherwise not available to be returned to the Bank upon its request; (ii) Proxy materials received by a Depository with respect to Portfolio Securities deposited with such Depository are forwarded immediately to the Bank for prompt transmittal to the Fund; (iii) Such Depository promptly forwards to the Bank confirmation of any purchase or sale of Portfolio Securities and of the appropriate book entry made by such Depository to the Fund's account; (iv) Such Depository prepares and delivers to the Bank such records with respect to the performance of the Bank's obligations and duties hereunder as may be necessary for the Fund to comply with the recordkeeping requirements of Section 31(a) of the 1940 Act and Rule 31(a) thereunder; and (v) Such Depository delivers to the Bank all internal accounting control reports, whether or not audited by an independent public accountant, as well as such other reports as the Fund may reasonably request in order to verify the Portfolio Securities held by such Depository.

  • Use of Securities Depositories The Custodian may deposit and maintain Investments in any Securities Depository, either directly or through one or more Subcustodians appointed by the Custodian. Investments held in a Securities Depository shall be held (a) subject to the agreement, rules, statement of terms and conditions or other document or conditions effective between the Securities Depository and the Custodian or the Subcustodian, as the case may be, and (b) in an account for the Fund or in bulk segregation in an account maintained for the non-proprietary assets of the entity holding such Investments in the Depository. If market practice or the rules and regulations of the Securities Depository prevent the Custodian, the Subcustodian or (any agent of either) from holding its client assets in such a separate account, the Custodian, the Subcustodian or other agent shall as appropriate segregate such Investments for benefit of the Fund or for benefit of clients of the Custodian generally on its own books.

  • Acceptance of Depositary The Depositary hereby agrees to act as depositary bank as provided herein and in connection therewith to accept all amounts to be delivered to or held by the Depositary pursuant to the terms of this Agreement. The Depositary further agrees to hold, maintain and safeguard the Deposits and the Accounts (as defined below) during the term of this Agreement in accordance with the provisions of this Agreement. The Escrow Agent shall not have any right to withdraw, assign or otherwise transfer moneys held in the Accounts except as permitted by this Agreement.

  • Securities Depository The Fund agrees to maintain settlement of the VMTP Shares in global book entry form through the Securities Depository or such other clearance system acceptable to Xxxxx Fargo.

  • Use of Book-Entry System The Fund shall deliver to PFPC Trust certified resolutions of the Board approving, authorizing and instructing PFPC Trust on a continuous basis, to deposit in the Book-Entry System all securities belonging to the Portfolios eligible for deposit therein and to utilize the Book-Entry System to the extent possible in connection with settlements of purchases and sales of securities by the Portfolios, and deliveries and returns of securities loaned, subject to repurchase agreements or used as collateral in connection with borrowings. PFPC Trust shall continue to perform such duties until it receives Written Instructions or Oral Instructions authorizing contrary actions. PFPC Trust shall administer the Book-Entry System as follows: (i) With respect to securities of each Portfolio which are maintained in the Book-Entry System, the records of PFPC Trust shall identify by book-entry or otherwise those securities belonging to each Portfolio. PFPC Trust shall furnish to the Fund a detailed statement of the Property held for each Portfolio under this Agreement at least monthly and from time to time and upon written request. (ii) Securities and any cash of each Portfolio deposited in the Book-Entry System will at all times be segregated from any assets and cash controlled by PFPC Trust in other than a fiduciary or custodian capacity but may be commingled with other assets held in such capacities. PFPC Trust and its sub-custodian, if any, will pay out money only upon receipt of securities and will deliver securities only upon the receipt of money. (iii) All books and records maintained by PFPC Trust which relate to the Fund's participation in the Book-Entry System will be open to the inspection of Authorized Persons at all times during PFPC Trust's regular business hours, and PFPC Trust will furnish to the Fund all information in respect of the services rendered as it may require. PFPC Trust will also provide the Fund with such reports on its own system of internal control as the Fund may reasonably request from time to time.

  • Subcustodians and Securities Depositories Subject to the provisions hereinafter set forth in this Section 8, the Fund hereby authorizes the Custodian to utilize Securities Depositories to act on behalf of the Fund and to appoint from time to time and to utilize Subcustodians. With respect to securities and funds held by a Subcustodian, either directly or indirectly (including by a Securities Depository or Clearing Corporation), notwithstanding any provisions of this Agreement to the contrary, payment for securities purchased and delivery of securities sold may be made prior to receipt of securities or payment, respectively, and securities or payment may be received in a form, in accordance with (a) governmental regulations, (b) rules of Securities Depositories and clearing agencies, (c) generally accepted trade practice in the applicable local market, (d) the terms and characteristics of the particular Investment, or (e) the terms of Instructions.

  • Use of Vehicles Use or authorize the Vehicles to be used in any manner (i) that would make such Vehicles that are Program Vehicles ineligible for repurchase or sale under the applicable Eligible Vehicle Disposition Program, (ii) for any illegal purposes or (iii) that could subject the Vehicles to confiscation.

  • Charges of Depositary The following charges shall be incurred by any party depositing or withdrawing Shares or by any party surrendering American Depositary Shares or to whom American Depositary Shares are issued (including, without limitation, issuance pursuant to a stock dividend or stock split declared by the Company or an exchange of stock regarding the American Depositary Shares or Deposited Securities or a delivery of American Depositary Shares pursuant to Section 4.3), or by Owners, as applicable: (1) taxes and other governmental charges, (2) such registration fees as may from time to time be in effect for the registration of transfers of Shares generally on the Share register of the Company or Foreign Registrar and applicable to transfers of Shares to or from the name of the Depositary or its nominee or the Custodian or its nominee on the making of deposits or withdrawals hereunder, (3) such cable (including SWIFT) and facsimile transmission fees and expenses as are expressly provided in this Deposit Agreement, (4) such expenses as are incurred by the Depositary in the conversion of foreign currency pursuant to Section 4.5, (5) a fee of $5.00 or less per 100 American Depositary Shares (or portion thereof) for the delivery of American Depositary Shares pursuant to Section 2.3, 4.3 or 4.4 and the surrender of American Depositary Shares pursuant to Section 2.5 or 6.2, (6) a fee of $.05 or less per American Depositary Share (or portion thereof) for any cash distribution made pursuant to this Deposit Agreement, including, but not limited to Sections 4.1 through 4.4 and Section 4.8, (7) a fee for the distribution of securities pursuant to Section 4.2 or of rights pursuant to Section 4.4 (where the Depositary will not exercise or sell those rights on behalf of Owners), such fee being in an amount equal to the fee for the execution and delivery of American Depositary Shares referred to above which would have been charged as a result of the deposit of such securities under this Deposit Agreement (for purposes of this item 7 treating all such securities as if they were Shares) but which securities are instead distributed by the Depositary to Owners, (8) in addition to any fee charged under item 6 above, a fee of $.05 or less per American Depositary Share (or portion thereof) per annum for depositary services, which will be payable as provided in item 9 below, and (9) any other charges payable by the Depositary or the Custodian, any of the Depositary's or Custodian’s agents or the agents of the Depositary's or Custodian’s agents, in connection with the servicing of Shares or other Deposited Securities (which charges shall be assessed against Owners as of the date or dates set by the Depositary in accordance with Section 4.6 and shall be payable at the sole discretion of the Depositary by billing those Owners for those charges or by deducting those charges from one or more cash dividends or other cash distributions). The Depositary may collect any of its fees by deduction from any cash distribution payable, or by selling a portion of any securities to be distributed, to Owners that are obligated to pay those fees. In performing its duties under this Deposit Agreement, the Depositary may use brokers, dealers, foreign currency dealers or other service providers that are owned by or affiliated with the Depositary and that may earn or share fees, spreads or commissions. The Depositary may own and deal in any class of securities of the Company and its affiliates and in American Depositary Shares.

  • Principal Depository Borrower shall maintain its principal depository and operating accounts with Bank.

  • Depository Depository shall mean The Depository Trust Company ("DTC"), a clearing agency registered with the Securities and Exchange Commission under Section 17A of the Securities Exchange Act of 1934 ("Exchange Act"), its successor or successors and its nominee or nominees. The term "Depository" shall further mean and include any other person authorized to act as a depository under the 1940 Act, its successor or successors and its nominee or nominees, specifically identified in a certified copy of a resolution of the Board.

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