Common use of Wire Transfer Operating Guidelines Clause in Contracts

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ---- 6.1 The Bank is authorized to promptly debit the appropriate Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Fund agrees that the Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Fund must report any objections to the execution of an order within thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc)

AutoNDA by SimpleDocs

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of OF THE UNIFORM COMMERCIAL CODE 5.1 ALPS and the Uniform Commercial ------------------------------------------------------------------------ Code ---- 6.1 The Bank is authorized to promptly debit Fund agree upon the appropriate Fund account(s) upon security procedures for funds transfer and account maintenance that are listed in Appendices A and B hereto (the "Security Procedures"). Upon the receipt of a payment order in compliance with such Security Procedures, ALPS is authorized to promptly debit the selected security procedure (the "Security Procedure"appropriate account(s) chosen for funds transfer and in the amount of money that the Bank ALPS has been instructed to transfer. The Bank ALPS shall execute payment orders in compliance with the Security Procedure Procedures and with the Fund Fund's instructions on the execution date received, provided that such payment order is received by the customary deadline for processing such a request, which is 4:00 p.m. Eastern time subject to the terms of the current prospectus, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank 5.2 ALPS shall process all payment orders on the basis of to the account number contained indicated in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank 5.3 ALPS reserves the right to decline to process or delay the processing of a payment order which (a) which is in excess of the collected balance in the account to be charged at the time of the BankALPS's receipt of such payment order; or (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the BankALPS, in good faith, is unable to satisfy itself determine that the transaction has been properly authorized. 6.5 The Bank 5.4 ALPS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders after the customary deadline received in compliance with the Security Procedure Procedures, provided that such requests are received in a timely manner affording the Bank ALPS reasonable opportunity to act. However, the Bank ALPS assumes no liability if the request for amendment or cancellation cannot be satisfied, as long as ALPS has acted reasonably. 6.6 The Bank 5.5 ALPS shall assume no responsibility not be liable for failure to detect any erroneous payment order order, provided that ALPS complies with the Bank complies Security Procedures and with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment ordersreceived. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.6 When the Fund initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these the guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ALPS or its bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ALPS with respect to an ACH credit entry are provisional until the Bank ALPS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ALPS does not receive such final settlement, the Fund agrees that the Bank ALPS shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.7 Confirmation of BankALPS's execution of payment orders shall ordinarily be provided within twenty twenty-four (24) hours hours, but no later than forty-eight (48) hours, notice of which may be delivered through the BankALPS's proprietary information systems, or by facsimile or call-back. Fund must report any objections Call-back confirmations will be followed with a written confirmation. Confirmation will be delivered to the execution of an order within thirty (30) daysShareholders in accordance with applicable regulations and the prospectus.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Holland Series Fund Inc)

Wire Transfer Operating Guidelines. Articles ARTICLES 4A of OF THE UNIFORM COMMERCIAL CODE 5.1 ALPS and the Uniform Commercial ------------------------------------------------------------------------ Code ---- 6.1 The Bank is authorized to promptly debit Fund agree upon the appropriate Fund account(s) upon security procedures for fund's transfer and account maintenance that are listed in Appendices C and D attached hereto and incorporated herein by this reference (the "Security Procedures"). Upon the receipt of a payment order in compliance with such Security Procedures, ALPS is authorized to promptly debit the selected security procedure (the "Security Procedure"appropriate account(s) chosen for funds transfer and in the amount of money that the Bank ALPS has been instructed to transfer. The Bank ALPS shall execute payment orders in compliance with the Security Procedure Procedures and with the Fund Fund's instructions on the execution date received, provided that such payment order is received by the customary deadline for processing such a request, which is 4:00 p.m. Eastern time subject to the terms of the Fund's current prospectus, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank 5.2 ALPS shall process all payment orders on the basis of to the account number contained indicated in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank 5.3 ALPS reserves the right to decline to process or delay the processing of a payment order which (a) which is in excess of the collected balance in the account to be charged at the time of the Bank's ALPS' receipt of such payment order; or (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the BankALPS, in good faith, is unable to satisfy itself determine that the transaction has been properly authorized. 6.5 The Bank 5.4 ALPS shall use reasonable efforts to act on all authorized requests requests, received after the customary deadline, to cancel or amend payment orders received in compliance with the Security Procedure Procedures, provided that such requests are received in a timely manner affording the Bank ALPS reasonable opportunity to act. However, the Bank ALPS assumes no liability if the request for amendment or cancellation cannot be satisfied, as long as ALPS has acted reasonably. 6.6 The Bank 5.5 ALPS shall assume no responsibility not be liable for failure to detect any erroneous payment order order, provided that ALPS complies with the Bank complies Security Procedures and with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment ordersreceived. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.6 When the Fund initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these the guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ALPS or its bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ALPS with respect to an ACH credit entry are provisional until the Bank ALPS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ALPS does not receive such final settlement, the Fund agrees that the Bank ALPS shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.7 Confirmation of Bank's ALPS' execution of payment orders shall ordinarily be provided within twenty twenty-four (24) hours hours, but no later than forty-eight (48) hours, notice of which may be delivered through the Bank's proprietary information systemselectronically, or by facsimile or call-back. Fund must report any objections Call-back confirmations will be followed with a written confirmation. Confirmation will be delivered to the execution of an order within thirty (30) daysShareholders in accordance with applicable regulations and the prospectus.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Agile Funds Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ----Code 6.1 The Bank is authorized to promptly debit 5.1 ALPS and the appropriate Fund account(s) Trust agree upon the security procedures for fund's transfer and account maintenance that are listed in Appendices A and B hereto (the "Security Procedures"). Upon the receipt of a payment order in compliance with such Security Procedures, ALPS is authorized to promptly debit the selected security procedure (the "Security Procedure"appropriate account(s) chosen for funds transfer and in the amount of money that the Bank ALPS has been instructed to transfer. The Bank ALPS shall execute payment orders in compliance with the Security Procedure Procedures and with the Fund Trust's instructions on the execution date received, provided that such payment order is received by the customary deadline for processing such a request, which is 4:00 p.m. Eastern time subject to the terms of the current prospectus, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank 5.2 ALPS shall process all payment orders on the basis of to the account number contained indicated in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank 5.3 ALPS reserves the right to decline to process or delay the processing of a payment order which (a) which is in excess of the collected balance in the account to be charged at the time of the Bank's ALPS' receipt of such payment order; or (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the BankALPS, in good faith, is unable to satisfy itself determine that the transaction has been properly authorized. 6.5 The Bank 5.4 ALPS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders after the customary deadline received in compliance with the Security Procedure Procedures, provided that such requests are received in a timely manner affording the Bank ALPS reasonable opportunity to act. However, the Bank ALPS assumes no liability if the request for amendment or cancellation cannot be satisfied, as long as ALPS has acted reasonably. 6.6 The Bank 5.5 ALPS shall assume no responsibility not be liable for failure to detect any erroneous payment order order, provided that ALPS complies with the Bank complies Security Procedures and with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment ordersreceived. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.6 When the Fund Trust initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these the guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ALPS or its bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ALPS with respect to an ACH credit entry are provisional until the Bank ALPS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ALPS does not receive such final settlement, the Fund Trust agrees that the Bank ALPS shall receive a refund of the amount credited to the Fund Trust in connection with such entry, and the party making payment to the Fund Trust via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.7 Confirmation of BankALPS's execution of payment orders shall ordinarily be provided within twenty twenty-four (24) hours hours, but no later than forty-eight (48) hours, notice of which may be delivered through the BankALPS's proprietary information systems, or by facsimile or call-back. Fund must report any objections Call-back confirmations will be followed with a written confirmation. Confirmation will be delivered to the execution of an order within thirty (30) daysShareholders in accordance with applicable regulations and the prospectus.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Financial Investors Variable Insurance Trust)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ----Code 6.1 The Bank is authorized to promptly debit 5.1 ALPS and the appropriate Fund account(s) agree upon the security procedures for fund's transfer and account maintenance that are listed in Appendices D and E hereto (the "Security Procedures"). Upon the receipt of a payment order in compliance with such Security Procedures, ALPS is authorized to promptly debit the selected security procedure (the "Security Procedure"appropriate account(s) chosen for funds transfer and in the amount of money that the Bank ALPS has been instructed to transfer. The Bank ALPS shall execute payment orders in compliance with the Security Procedure Procedures and with the Fund Fund's instructions on the execution date received, provided that such payment order is received by the customary deadline for processing such a request, which is 4:00 p.m. Eastern time subject to the terms of the current prospectus, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank 5.2 ALPS shall process all payment orders on the basis of to the account number contained indicated in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank 5.3 ALPS reserves the right to decline to process or delay the processing of a payment order which (a) which is in excess of the collected balance in the account to be charged at the time of the Bank's ALPS' receipt of such payment order; or (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the BankALPS, in good faith, is unable to satisfy itself determine that the transaction has been properly authorized. 6.5 The Bank 5.4 ALPS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders after the customary deadline received in compliance with the Security Procedure Procedures, provided that such requests are received in a timely manner affording the Bank ALPS reasonable opportunity to act. However, the Bank ALPS assumes no liability if the request for amendment or cancellation cannot be satisfied, as long as ALPS has acted reasonably. 6.6 The Bank 5.5 ALPS shall assume no responsibility not be liable for failure to detect any erroneous payment order order, provided that ALPS complies with the Bank complies Security Procedures and with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment ordersreceived. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.6 When the Fund initiates or receives Automated Clearing House ("ACH") credit and debit entries pursuant to these the guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ALPS or its bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ALPS with respect to an ACH credit entry are provisional until the Bank ALPS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ALPS does not receive such final settlement, the Fund agrees that the Bank ALPS shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.7 Confirmation of Bank's ALPS' execution of payment orders shall ordinarily be provided within twenty twenty-four (24) hours hours, but no later than forty-eight (48) hours, notice of which may be delivered through the Bank's proprietary information systemselectronically, or by facsimile or call-back. Fund must report any objections Call-back confirmations will be followed with a written confirmation. Confirmation will be delivered to the execution of an order within thirty (30) daysShareholders in accordance with applicable regulations and the prospectus.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Lipper Funds Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ----Code 6.1 The Bank ALPS is authorized to promptly debit the appropriate Fund account(s) upon the receipt of a payment order in compliance with the selected agreed upon security procedure procedures (the "Security ProcedureProcedures") chosen for funds transfer and in the amount of money that the Bank ALPS has been instructed to transfer. The Bank ALPS shall execute payment orders in compliance with the Security Procedure Procedures and with the Fund Transfer Agent instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund Transfer Agent shall restrict access to confidential information relating to the Security Procedure Procedures to authorized persons as communicated to the Bank ALPS in writing. The Fund Transfer Agent must notify the Bank ALPS immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the FundTransfer Agent's authorized personnel. The Bank ALPS shall verify the authenticity of all Fund Transfer Agent instructions according to the Security Procedure. 6.3 The Bank ALPS shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank ALPS reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the BankALPS's receipt of such payment order; or (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the BankALPS, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 The Bank ALPS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure Procedures provided that such requests are received in a timely manner affording the Bank ALPS reasonable opportunity to act. However, the Bank ALPS assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 The Bank ALPS shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank ALPS complies with the payment order instructions as received and the Bank ALPS complies with the Security ProcedureProcedures. The Security Procedure is Procedures are established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 When the Fund Transfer Agent initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ALPS or its bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ALPS with respect to an ACH credit entry are provisional until the Bank ALPS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ALPS does not receive such final settlement, the Fund Transfer Agent agrees that the Bank ALPS shall receive a refund of the amount credited to the Fund Transfer Agent in connection with such entry, and the party making payment to the Fund Transfer Agent via such entry shall not be deemed to have paid the amount of the entry. 6.9 6.8 Confirmation of BankALPS's execution of payment orders shall ordinarily be provided within twenty four (24) hours notice of which may be delivered through the BankALPS's proprietary information systems, or by facsimile or call-back. Fund Call-back confirmations will be followed with a written confirmation. Transfer Agent must report any objections to the execution of an order within thirty (30) days.

Appears in 1 contract

Samples: Sub Transfer Agency and Service Agreement (Orchard Series Fund)

AutoNDA by SimpleDocs

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ---- 6.1 5.1 The Bank is authorized to promptly debit the appropriate Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 5.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 5.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 5.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 5.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 5.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 5.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Fund agrees that the Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Fund must report any objections to the execution of an order within thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Atlas Insurance Trust)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform ------------------------------------------------------------- Commercial ------------------------------------------------------------------------ Code ------------------- 6.1 5.1 The Bank is authorized to promptly debit the appropriate Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank has been instructed to transfer. The Bank shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 5.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Bank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank in writing. The Fund must notify the Bank immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 5.3 The Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 5.4 The Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's receipt of such payment order; (b) if initiating such payment order would cause the Bank, in the Bank's sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Bank; or (c) if the Bank, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 5.5 The Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank reasonable opportunity to act. However, the Bank assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 5.6 The Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank complies with the payment order instructions as received and the Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 5.7 The Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank with respect to an ACH credit entry are provisional until the Bank receives final settlement for such entry from the Federal Reserve Bank. If the Bank does not receive such final settlement, the Fund agrees that the Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.9 Confirmation of Bank's execution of payment orders shall ordinarily be provided within twenty four (24) hours notice of which may be delivered through the Bank's proprietary information systems, or by facsimile or call-back. Fund must report any objections to the execution of an order within thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Davis New York Venture Fund Inc)

Wire Transfer Operating Guidelines. Articles 4A of the Uniform Commercial ------------------------------------------------------------------------ Code ----------------------------------------------------------------------------------- 6.1 The Bank 5.1 ASFS is authorized to promptly debit the appropriate Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Bank ASFS has been instructed to transfer. The Bank ASFS shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the customary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day. 6.2 5.2 The Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the BankASFS. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Bank ASFS in writing. The Fund must notify the Bank ASFS immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in the Fund's authorized personnel. The Bank ASFS shall verify the authenticity of all Fund instructions according to the Security Procedure. 6.3 The Bank 5.3 ASFS shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 6.4 The Bank 5.4 ASFS reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Bank's ASFS' receipt of such payment order; (b) if initiating such payment order would cause the BankASFS, in the Bank's ASFS' sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the BankASFS; or (c) if the BankASFS, in good faith, is unable to satisfy itself that the transaction has been properly authorized. 6.5 The Bank 5.5 ASFS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Bank ASFS reasonable opportunity to act. However, the Bank ASFS assumes no liability if the request for amendment or cancellation cannot be satisfied. 6.6 The Bank 5.6 ASFS shall assume no responsibility for failure to detect any erroneous payment order provided that the Bank ASFS complies with the payment order instructions as received and the Bank ASFS complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 6.7 The Bank 5.7 ASFS shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Bank ASFS is notified of the unauthorized payment order within thirty (30) days of or notification by the Bank ASFS of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Bank ASFS be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 6.8 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Bank ASFS will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Bank ASFS with respect to an ACH credit entry are provisional until the Bank ASFS receives final settlement for such entry from the Federal Reserve Bank. If the Bank ASFS does not receive such final settlement, the Fund agrees that the Bank ASFS shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 6.9 5.9 Confirmation of Bank's ASFS' execution of payment orders shall ordinarily be provided within twenty four (24) hours notice of which may be delivered through the Bank's ASFS' proprietary information systems, or by facsimile or call-back. Fund must report any objections to the execution of an order within thirty (30) days.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (American Skandia Advisor Funds Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!