Custody Agreement. The parties understand and agree that this Loan Servicing Agreement shall be subject to the term and conditions of the Custody Agreement. In the event of any inconsistency between the terms and conditions of the Custody Agreement and the Loan Servicing Agreement, the terms and conditions of the Loan Servicing Agreement shall govern. [The Remainder of this page is intentionally left blank]
Custody Agreement. The Power of Attorney (if executed by such Selling Stockholder) and related Custody Agreement with respect to such Selling Stockholder has been duly authorized, executed and delivered by such Selling Stockholder and constitute valid and legally binding obligations of such Selling Stockholder enforceable in accordance with their terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles.
Custody Agreement. Such Selling Stockholder has full right, power and authority to enter into a Letter of Transmittal and Custody Agreement (“Custody Agreement”), with Xxxxx Fargo Bank, National Association, as Custodian (the “Custodian”); pursuant to the Custody Agreement the Selling Stockholder has placed in custody with the Custodian, for delivery under this Agreement, the certificates representing the Securities to be sold by such Selling Stockholder; such certificates represent validly issued, outstanding, fully paid and nonassessable shares of Common Stock; and such certificates were duly and properly endorsed in blank for transfer, or were accompanied by all documents duly and properly executed that are necessary to validate the transfer of title thereto, to the Underwriters, free of any legend, restriction on transferability, proxy, lien or claim, whatsoever.
Custody Agreement. Such Selling Shareholder has full right, power and authority to execute and deliver this Agreement and the Custody Agreement signed by such Selling Shareholder and the Company, as custodian (in such capacity, the “Custodian”), relating to the deposit of the Offered Shares to be sold by such Selling Shareholder (the “Custody Agreement”) in connection with the offer and sale of the Offered Shares contemplated herein and to perform its obligations under such agreements.
Custody Agreement. The Custody Agreement is or when executed will be currently in full force and effect and the Seller is or when executed will be in compliance with all of its obligations, covenants or conditions contained in the Custody Agreement.
Custody Agreement. The Selling Shareholder has duly executed and delivered the custody agreement ("Custody Agreement"), in the form heretofore delivered to the Representative. The person designated by the Selling Shareholder in the Custody Agreement as custodian will be referred to herein as the "Custodian." Certificates in negotiable form representing the Selling Shareholder's Shares to be sold by the Selling Shareholder hereunder have been deposited with the Custodian pursuant to the Custody Agreement for the purpose of delivery pursuant to this Agreement. All authorizations, orders and consents necessary for the execution and delivery by the Selling Shareholder of this Agreement and the Custody Agreement have been duly and validly given, and the Selling Shareholder has full legal right, power and authority to enter into this Agreement and the Custody Agreement and to sell, assign, transfer and deliver to the Underwriters the Selling Shareholder's Shares. The Selling Shareholder agrees that the Common Stock represented by the certificates he has deposited with the Custodian are subject to the interests of the Underwriters hereunder, that the arrangements made for such custody are to that extent irrevocable, and that the obligations of the Selling Shareholder hereunder shall not be terminated, except as provided in this Agreement and the Custody Agreement, by any act of such Selling Shareholder, by operation of law, whether by the death or incapacity of the Selling Shareholder, or by the occurrence of any other event. If any such death or incapacity should occur, or if any other event should occur, before the delivery of the Selling Shareholder's Shares hereunder, to the extent not prohibited by law, the certificates for such Common Stock deposited with the Custodian shall be delivered by the Custodian in accordance with the terms and conditions of this Agreement and the Custody Agreement as if such death, incapacity or other event had not occurred, regardless of whether or not the Custodian shall have received notice thereof.
Custody Agreement. The following Subcustodians and Securities Systems are approved for use in connection with the Custody Agreement dated 11/9/2018. SECURITIES SYSTEMS: Depository Trust Company Federal Book Entry SPECIAL SUBCUSTODIANS: DOMESTIC SUBCUSTODIANS: Citibank (Foreign Securities Only) AMANA MUTUAL FUNDS TRUST UMB BANK, N.A. By: /s/ Xxxxx Xxxxxxxxxx By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxx Title: COO, Director Title: Vice-President Date: 11/7/2018 Date: 11/9/2018 XXXXXXXX X CUSTODY AGREEMENT The following open-end management investment companies ("Funds") are hereby made parties to the Custody Agreement dated 11/9, 2018 with UMB Bank, n.a. ("Custodian") and Amana Mutual Funds Trust, and agree to be bound by all the terms and conditions contained in said Agreement: Amana Income Fund Amana Growth Fund Amana Developing World Fund Amana Participation Fund AMANA MUTUAL FUNDS TRUST Attest: /s/ Xxxxxx Xxxxxxx By: /s/ Xxxxx Xxxxxxxxxx Name: Xxxxx Xxxxxxxxxx Title: COO, Director Date: 11/7/2018 UMB BANK, N.A. Attest: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice-President Date: 11/9/2018 RULE 17f-5 DELEGATION AGREEMENT By its execution of this Delegation Agreement by and between UMB Bank, n.a. (the Custodian), a national banking association, with its principal office in Kansas City, Missouri, and Amana Mutual Funds Trust (the "Trust") (on behalf of any series thereof listed on the Appendix to this Agreement, together with such additional series as shall be made parties to this Agreement by the execution of a revised Appendix to this Agreement (such series are referred to individually as a "Fund" and, collectively, as the "Funds")), the Funds hereby direct the Custodian to appoint Citibank, N.A., a National Banking Association under the laws of the United States of America, as the Approved Foreign Custody Manager (the Delegate) under the terms of the Custody Agreement between the Trust and the Custodian to perform certain functions with respect to the custody of the Funds' Assets (as defined in Section 13 of this Delegation Agreement) outside the United States of America.
Custody Agreement. The Custody Agreement with respect to each Selling Stockholder has been duly authorized, executed and delivered by such Selling Stockholder and constitute valid and legally binding obligations of each such Selling Stockholder enforceable in accordance with their terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles;
Custody Agreement. The following Subcustodians and Securities Systems are approved for use in connection with the Custody Agreement dated June 1, 2017. SECURITIES SYSTEMS: Depository Trust Company Federal Book Entry SPECIAL SUBCUSTODIANS: DOMESTIC SUBCUSTODIANS: Citibank (Foreign Securities Only) THE CHARTWELL FUNDS UMB BANK, N.A. By: /s/ Txxxxxx X. Xxxxxx By: /s/ Pxxxx Xxxxxxx Name: Txxxxxx X. Xxxxxx Name: Pxxxx Xxxxxxx Title: President Title: President Date: 5/18/2017 Date: 5/22/2017 XXXXXXXX X CUSTODY AGREEMENT The following open-end management investment companies (“Funds”) are hereby made parties to the Custody Agreement dated June 1, 2017, with UMB Bank, n.a. (“Custodian”) and The Chartwell Funds, and agree to be bound by all the terms and conditions contained in said Agreement: Berwyn Fund Berwyn Income Fund Chartwell Mid Cap Value Fund Chartwell Small Cap Value Fund Chartwell Small Cap Growth Fund Chartwell Short Duration High Yield Fund THE CHARTWELL FUNDS Attest: By: /s/ Txxxxxx X. Xxxxxx Name: Txxxxxx X. Xxxxxx Title: President Date: 5/18/2017 UMB BANK, N.A. Attest: /s/ Mxxxxx Xxxxxxxx By: /s/ Pxxxx Xxxxxxx Name: Pxxxx Xxxxxxx Title: Vice President Date: 5/22/2017
Custody Agreement. In the event of a conflict between this Agreement, the Custody Agreement and any other agreement between Custodian and Pledgor, the terms of this Agreement will prevail.
