Common use of Advances by the Bank Clause in Contracts

Advances by the Bank. The Bank may, in its sole discretion, advance -------------------- funds on behalf of a Fund to make any payment permitted by this Agreement upon receipt of any proper authorization or Proper Instruction required by this Agreement for such payments by the Fund. Should such a payment or payments, with advanced funds, result in an overdraft (due to insufficiencies of the Fund's account with the Bank, or for any other reason) this Agreement deems any such overdraft or related indebtedness a loan made by the Bank to the Fund payable on demand. Such overdraft shall bear interest at the current rate charged by the Bank for such loans. The Fund agrees that the Bank shall have a continuing lien and security interest to the extent of any overdraft or indebtedness, in and to any property at any time held by it for the Fund's benefit or in which the Fund has an interest and which is then in the Bank's possession or control (or in the possession or control of any third party acting on the Bank's behalf). The Fund authorizes the Bank, in the Bank's sole discretion, at any time to charge any overdraft or indebtedness, together with interest due thereon, against any balance of account standing to the credit of the Fund on the Bank's books.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Masterworks Funds Inc), Agency and Service Agreement (Masterworks Funds Inc)

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Advances by the Bank. The Bank may, in its sole discretion, advance -------------------- funds on behalf of a Fund Series to make any payment permitted by this Agreement upon receipt of any proper authorization or Proper Instruction required by this Agreement for such payments by the Funda Series. Should such a payment or payments, with advanced funds, result in an overdraft (due to insufficiencies of the Fund's Series' account with the Bank, or for any other reason) this Agreement deems any such overdraft or related indebtedness a loan made by the Bank to the Fund Series payable on demand. Such overdraft shall bear interest at the current rate charged by the Bank for such loansloans unless the Series shall provide the Bank with agreed upon compensating balances. The Fund agrees Series agree that the Bank shall have a continuing lien and security interest to the extent of any overdraft or indebtedness, in and to any property at any time held by it for the Fund's Series' benefit or in which the Fund Series has an interest and which is then in the Bank's possession or control (or in the possession or control of any third party acting on the Bank's behalf). The Fund Series authorizes the Bank, in the Bank's sole discretion, at any time to charge any overdraft or indebtedness, together with interest due thereon, against any balance of account standing to the credit of the Fund Series on the Bank's books.

Appears in 2 contracts

Samples: Custodian Agreement (Portfolio Partners Inc), Custodian Agreement (Portfolio Partners Inc)

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