Common use of Appointment and Duties Clause in Contracts

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 137 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund), Agreement and Declaration of Trust (Fiduciary/Claymore Energy Infrastructure Fund), Agreement and Declaration of Trust (Paramount Access Fund)

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Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 96 contracts

Samples: Agreement and Declaration of Trust (StepStone Private Credit Income Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration of Trust (Connetic Venture Capital Access Fund)

Appointment and Duties. The Trustees shall at all times may employ a custodian or custodians, custodians meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 16 contracts

Samples: Agreement and Declaration (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (AGTB Private BDC), Agreement and Declaration of Trust (Blackstone Secured Lending Fund)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including, without limitation, authority:

Appears in 13 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Octagon XAI CLO Income Fund), Agreement and Declaration of Trust (XAI Octagon Floating Rate Alternative Income Term Trust)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, custodians meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 12 contracts

Samples: Agreement and Declaration of Trust (Blackstone Real Estate Income Fund II), Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund), Agreement and Declaration of Trust (Blackstone / GSO Long-Short Credit Income Fund)

Appointment and Duties. The Board of Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws Bylaws of the Trust and the 1940 Act, including without limitation authority:

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (BlackRock Science & Technology Trust III), Agreement and Declaration of Trust (BlackRock 2040 Municipal Target Term Trust), Agreement and Declaration of Trust (BlackRock Innovation & Growth Trust)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment registered management companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Evolution U.S. Government Guaranteed Floating Rate Loan Fund a Series of Evolution Investment Trust), Strategy Fund Agreement (Highland Capital Multi-Strategy Fund), Advantage Fund Agreement (Highland Floating Rate Advantage Fund)

Appointment and Duties. The Trustees shall at all times employ employ, as custodian with respect to each Series of the Trust, a custodian or custodians, meeting each of which shall meet the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to . It is contemplated that separate custodians may be employed for the assets different Series of the Trust. Any custodian custodian, acting with respect to one or more Series, shall have authority as agent of the Trust or the Series with respect to which it is acting as determined by the custodian agreement or agreementsacting, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws laws of the Trust and the 1940 Act:

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

Appointment and Duties. The Trustees shall at all times employ a custodian Custodian or custodiansCustodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian Custodian with respect to the assets of the Trust. Any custodian Custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian Custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Federated Hermes Core Trust III), Agreement and Declaration of Trust (Federated Hermes Core Trust III), Agreement and Declaration of Trust (Federated Core Trust III)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment registered management companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 5 contracts

Samples: Equity Fund Agreement (Highland Premium Long/Short Equity Fund), Fund Agreement (Highland Premium Dividend Fund), Fund Agreement and Declaration (Highland/U.S. Global Infrastructure Fund)

Appointment and Duties. The Trustees shall at all times may employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including without limitation authority:

Appears in 5 contracts

Samples: Agreement and Declaration (Sixth Street Lending Partners), Agreement and Declaration (Diameter Credit Co), Agreement and Declaration (Middle Market Apollo Institutional Private Lending)

Appointment and Duties. The Board of Trustees shall at all times employ a custodian or custodianscustodian, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the TrustFund Property. Any custodian shall have authority as agent of the Trust Fund with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust Fund and the 1940 Act:

Appears in 3 contracts

Samples: Agreement and Declaration (Dynamic Alternatives Fund), Agreement and Declaration (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund)

Appointment and Duties. The Trustees shall at all times ---------------------- employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 2 contracts

Samples: Blackrock New Jersey Municipal Income Trust, Blackrock Municipal Income Trust

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws By‑Laws of the Trust and the 1940 Act:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2)

Appointment and Duties. (a) The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Grubb & Ellis AGA U.S. Realty Income Fund), Agreement and Declaration of Trust (Grubb & Ellis AGA Worldwide Realty Fund)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the TrustTrustor any Series. Any custodian shall have authority as agent of the Trust or Series with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Blackrock Bond Allocation Target Shares), Blackrock Bond Allocation Target Shares

Appointment and Duties. The Trustees shall at all times may employ a custodian or custodians, custodians meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Investment Company Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Investment Company Act, including without limitation authority:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III)

Appointment and Duties. The Trustees shall at all times may employ a custodian or custodians, custodians meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws Bylaws of the Trust and the 1940 Act, including without limitation authority:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (BIP Ventures Evergreen BDC), Agreement and Declaration of Trust (BIP Evergreen Venture Fund)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, Act as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Cushing MLP Infrastructure Fund II), Agreement and Declaration of Trust (Cushing MLP Infrastructure Master Fund)

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Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including, without limitation, authority:

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (SharesPost 100 Fund), Agreement and Declaration of Trust (Ivy High Income Opportunities Fund)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws Bylaws of the Trust and the 1940 Act, including without limitation authority:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Weiss Strategic Interval Fund)

Appointment and Duties. The Trustees shall at all times ----------------------- employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Blackrock California Municipal Income Trust

Appointment and Duties. The Trustees shall at all times employ a ---------------------- custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Blackrock Florida Municipal Income Trust

Appointment and Duties. The Trustees Trustee shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets each Series of the Trust. Any custodian custodian, acting with respect to one or more Series, shall have authority as agent of the Trust or the Series with respect to which it is acting as determined by the custodian agreement or agreementsacting, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Explorer Institutional Trust

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the TrustTrust or any Series. Any custodian shall have authority as agent of the Trust or Series with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock Allocation Target Shares)

Appointment and Duties. The Trustees Trustee shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets each Series of the Trust. Any custodian custodian, acting with respect to one or more Series, shall have authority as agent of the Trust or the Series with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Credit Suisse Opportunity Funds)

Appointment and Duties. The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreementsits agent, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:, for purposes of maintaining custody of the Trust’s securities and similar investments.

Appears in 1 contract

Samples: Agreement and Declaration (Premier Vit)

Appointment and Duties. (a) The Trustees shall at all times employ a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act, including authority to:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Little Harbor MultiStrategy Composite Fund)

Appointment and Duties. The Trustees shall at all times employ ---------------------- a custodian or custodians, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:

Appears in 1 contract

Samples: Blackrock New York Municipal Income Trust

Appointment and Duties. The Trustees shall at all times employ a custodian or custodianscustodians (from and after such time as the Trust becomes 1940 Act Registered, meeting the qualifications for custodians for portfolio securities of investment companies contained in the 1940 Act, 0000 Xxx) as custodian with respect to the assets of the Trust. Any custodian shall have authority as agent of the Trust with respect to which it is acting as determined by the custodian agreement or agreements, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Trust and the 1940 Act:Act (if then applicable to the Trust):

Appears in 1 contract

Samples: Agreement and Declaration (Cushing MLP Infrastructure Fund)

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