Withdrawal of Assets Sample Clauses
Withdrawal of Assets. If an arrangement with an Eligible Securities Depository no longer meets the requirements of Rule 17f-7, the Custodian shall direct the Domestic Subcustodian to withdraw the Fund’s Foreign Assets from such depository as soon as reasonably practicable.
Withdrawal of Assets. (a) Any securities and evidences of indebtedness included in the Assets may be withdrawn from Agent in accordance with Customer's Instructions; provided, however, that except as provided below, such Instructions shall direct that the delivery of any such securities and evidences of indebtedness by Agent shall be made only to (i) a bank shown in Exhibit 1, or its Nominee, (ii) a broker, shown in Exhibit 1, or its Nominee, (iii) in the case of commercial paper, to the obligor upon payment. In the event the Instructions direct the delivery of Assets to any person or entity other than as set forth above, such Instructions shall be in writing and countersigned by a President, Vice President, Secretary or Treasurer of Customer or otherwise be authorized pursuant to a resolution duly adopted and provided to Agent in accordance with paragraph 10(c) below.
(b) Upon receipt of such Instructions and subject to the terms and conditions thereof, Agent shall deliver the items specified therein to the person or entity designated and shall obtain a proper receipt therefore.
(c) In connection with the sale of any Assets, Agent shall make delivery of such Assets only against payment therefore, in federal funds or by certified check or bank cashier's check, provided that, consistent with customary practice at the place of delivery, Agent may (i) make delivery for inspection prior to sale at buyer's location, upon delivery to Agent of a proper receipt therefore, to a member of registered national securities exchange or bank or trust company. In no event shall Agent be liable hereunder for not delivering Assets in accordance with Customer's Instructions where such delivery is withheld by reason of the purchaser's inability or unwillingness to make a payment therefore in federal funds or by certified or bank cashier's check or as otherwise provided in this paragraph 8(c).
(d) Any cash included in the Assets may be withdrawn from Agent in accordance with written Instructions provided, however, that subject to a transfer or other disposition of securities by bookkeeping entry in connection with Agent's participation (through its agent) the Federal Reserve/Treasury book-entry system, Agent shall make payments of cash to, or from the account of, Customer only (i) upon the purchase of securities or other Assets and delivery of such securities or other Assets to Agent in proper form for transfer; (ii) to Customer's account with CoreStates Bank, N.A. or with such other bank as Custome...
Withdrawal of Assets. If the Fund (or its duly-authorized investment manager or investment adviser) provides the Custodian with Proper Instructions to withdraw Foreign Assets from an Eligible Securities Depository, the Custodian shall comply with such Proper Instructions in accordance with the provisions of Article 4 hereof.
Withdrawal of Assets. In no circumstances is UBS obliged to issue instructions to the Custodian to transfer Custodial Assets if UBS has not consented to the release of the Custodial Assets from the Charge.
Withdrawal of Assets. In no circumstances is Global Prime obliged to issue instructions to the Custodian to transfer Custodial Assets if Global Prime has not consented to the release of the Custodial Assets from the Charge.
Withdrawal of Assets. 2.1 i) The Beneficiary shall have the right to withdraw assets (which assets may be specified by the Beneficiary in an advance notice to the Grantor as herein provided) from the Trust at any time and from time to time, subject only to ten (10) days prior notice from the Beneficiary to the Grantor and the Trustee, in the event and to the extent any payment is made by the Beneficiary on account of any liability or obligation reinsured by the Beneficiary under the Amended Reinsurance Agreement (provided, however, that prior payment by the Beneficiary is not required if the Beneficiary is insolvent) and which the Grantor, for a period of ten (10) days after notice by the Beneficiary, has failed or refused to repay (or pay in the event the Beneficiary is insolvent) and discharge. In addition to the foregoing, and not by way of illustration or limitation, the Beneficiary agrees and covenants that it shall withdraw assets from the Trust only after 5:00 p.m. Central Standard time on the tenth (10) calendar day following notice to the Grantor and the Trustee and only to satisfy amounts due to the Beneficiary (with no diminution due to insolvency of either the Beneficiary or the Grantor) for the following purposes only:
(a) to pay or reimburse the Beneficiary for the Grantor's share under the Amended Reinsurance Agreement regarding any benefits and claims paid by the Beneficiary but not recovered; or
(b) to make payment to the Beneficiary of any amounts held in the Trust to the extent that the book value of assets in the Trust exceeds the Required Reserve based on the monthly accounting report rendered by the Grantor to the Beneficiary and the Trustee pursuant to Section 1.3 hereof (in respect to which the Trustee shall have no liability or responsibility at any time to determine the book value of the Trust Assets or the amount of the Required Reserve, or whether the Required Reserve equals, is less than, or exceeds the book value of Trust Assets held in the Trust).
(c) beginning immediately after the retrocession described in Section C.01 of Schedule C of the Amended Reinsurance Agreement, to make payment to the Beneficiary of its 15% share of the positive amount produced by the experience refund as provided in Section C.01 of Schedule C of the Amended Reinsurance Agreement.
Withdrawal of Assets. In no circumstances is MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd obliged to issue instructions to the Custodian to transfer Custodial Assets if MILLENNIUM ALPHA GLOBAL HOLDING GROUP Ltd has not consented to the release of the Custodial Assets from the Charge.
Withdrawal of Assets. So long as the Trust Fund maintains assets equal to 100% of the most recently determined Reserve Value pursuant to Subsection (C)(2) hereof, FMIC shall have the right, at any time, to withdraw from the Trust Fund an amount less than or equal to all cumulative interest, dividends and earnings (including net realized capital gains) received with respect to the assets held in the Trust Fund (the "Investment Income") LESS trustee fees and Trust Fund expenses. Unless withdrawn pursuant to the terms of this Section, the remaining Investment Income and all monies received from the maturity, sale, redemption or other disposition of the assets shall be reinvested in the Trust Fund in a manner designated by FMIC, but only in cash or investments qualifying as admitted assets under the Illinois Insurance Code. In addition to the annual actuarial valuation described in Subsection (C)(2) above, FMIC may, at any time in its sole discretion, cause an actuarial valuation to be conducted by a Qualified Actuary to determine the Reserve Value. If, as a result of an actuarial valuation by a Qualified Actuary, it is determined that the balance of the Trust Fund exceeds the Reserve Value, FMIC also may withdraw from the Trust Fund the amount by which the balance of the Trust Fund exceeds the Reserve Value. Subsequent to such a withdrawal and so long as the Trust Fund maintains assets equal to 100% of the most recently determined Reserve Value pursuant to Subsection (C)(2) hereof, FMIC may withdraw all cumulative Investment Income subsequently received with respect to the assets in the Trust Fund. If the Reserve Value is determined to be greater than the balance of the Trust Fund by any amount, FMIC shall deposit assets into the Trust Account in an amount necessary such that the total assets in the Trust Fund equal 100% of the most recently determined Reserve Value, and FMIC may not withdraw any further Investment Income from the Trust Fund until a subsequent actuarial valuation results in a determination that the balance of the Trust Fund exceeds the Reserve Value.
Withdrawal of Assets. If an arrangement with an Eligible Securities Depository no longer meets the requirements of Rule 17f-7, the Custodian (or the Domestic Subcustodian) will withdraw the Fund's Foreign Assets from such depository as soon as reasonably practicable. Standard of Care. In fulfilling its responsibilities under this Section 5(f), the Custodian will exercise reasonable care, prudence and diligence. The Agreement is further amended by inserting the following new Subsection 5(g) after the new Section 5(f): Limitations on Placement of Foreign Assets. A Fund shall not place or maintain any of the Fund's Foreign Assets in any country, and shall as promptly as practicable withdraw the Fund's Foreign Assets from any country, that is identified in the Global Custody Network Listing provided by the Custodian (or the Domestic Subcustodian) as a country where the liability or responsibility of the Approved Foreign Custody Manager or the Custodian (or the Domestic Subcustodian) is conditioned or predicated on the ability of the Approved Foreign Custody Manager or the Custodian (or the Domestic Subcustodian) to recover damages from the Foreign Subcustodian in such country. The Agreement is further amended by deleting Subsection 6(b) in its entirety and inserting the following amended Subsection 6(b) in its place: In no event shall the Custodian incur liability hereunder if the Custodian or any Subcustodian or Securities System, or any Subcustodian, Eligible Securities Depository utilized by any such Subcustodian, or any nominee of the Custodian or any Subcustodian (individually, a "Person") is prevented, forbidden or delayed from performing, or omits to perform, any act or thing which this Agreement provides shall be performed or omitted to be performed, by reason of: (i) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, or of any foreign country, or political subdivision thereof or of any court of competent jurisdiction (and the Custodian nor any other Person shall not be obligated to take any action contrary thereto); or (ii) any "Force Majeure," which for purposes of this Agreement, shall mean any circumstance or event which is beyond the reasonable control of the Custodian, a Subcustodian or any agent of the Custodian or a Subcustodian and which adversely affects the performance by the Custodian of its obligations hereunder, by the Subcustodian of its obligations under its subcustody agreement or by any ...
Withdrawal of Assets. (a) Any securities and evidence of -------------------- indebtedness included in the Assets may be withdrawn from Agent in accordance with Owner's Instructions; provided; however that except as provided below, such Instructions shall direct that the delivery of any such securities and evidences of indebtedness by Agent shall be made only to (i) a bank or trust company or its nominee, (ii) a broker or its nominee, (iii) the DTC or its nominee, (iv) the PTC, or its nominee, (v) The Federal Reserve, or (vi) in the case of commercial paper, to the obligor upon payment. In the event the Instructions direct the delivery of Assets to any person or entity other than as set forth above, such Instructions shall be in writing by the Owner or otherwise be authorized pursuant to a resolution duly adopted by the Owner and provided to agent in accordance with paragraph 14(c) below.