Common use of Appointment of Foreign Sub-Custodians Clause in Contracts

Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-custodians"); provided, however, that, notwithstanding the contents of Exhibit A hereto, the Custodian (including any of its agents and subcustodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-custodians) that does not meet the qualifications of either clause (a) of (b) of the preceding proviso. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 2 contracts

Samples: Custodian Contract (Iai Investment Funds Iii Inc), Custodian Contract (Iai Investment Funds Iii Inc)

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Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed employ as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-custodians")in the Funds current Statement of Additional Information; provided, however, that, notwithstanding the contents list of Exhibit A heretoinstitutions of such information set forth in the Statement of Additional Information, the Custodian (including any of its agents and subcustodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-custodians) that does not meet the qualifications of either clause (a) of (b) of the preceding provisoprovision. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 2 contracts

Samples: Custodian Contract (Weitz Series Fund Inc), Custodian Contract (Weitz Partners Inc)

Appointment of Foreign Sub-Custodians. The Custodian is authorized authorize and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-custodians"); provided, however, that, that notwithstanding the contents of Exhibit A hereto, the Custodian (including any of its agents and subcustodianssub-custodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-custodians) that does not meet the qualifications of either clause (a) of (b) of the preceding proviso. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 2 contracts

Samples: Custodian Contract (Iai Retirement Funds Inc), Custodian Contract (Iai Investment Funds I Inc)

Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-custodians")in the Funds current Statement of Additional Information; provided, however, that, notwithstanding the contents list of Exhibit A heretoinstitutions of such information set forth in the Statement of Additional Information, the Custodian (including any of its agents and subcustodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-sub- custodians) that does not meet the qualifications of either clause (a) of (b) of the preceding provisoprovision. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-sub- custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 1 contract

Samples: Custodian Contract (Iai Investment Funds Vi Inc)

Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-sub- custodians"); provided, however, that, notwithstanding the contents of Exhibit A hereto, the Custodian (including any of its agents and subcustodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 17f- 5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-sub- custodians) that does not meet the qualifications of either clause (a) of (b) of the preceding proviso. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-sub- custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 1 contract

Samples: 8b Custodian Contract (Iai Investment Funds Vi Inc)

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Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-custodians"); provided, however, that, notwithstanding the contents of Exhibit A hereto, the Custodian (including any of its agents and subcustodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", as defined in Rule 17f-5 under the Investment Company Act of 1940, or (b) a "bank", as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-custodians) that does not meet the qualifications of either clause (a) of or (b) of the preceding proviso. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodianscustodian. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 1 contract

Samples: Custodial Contract (Advantus Series Fund Inc)

Appointment of Foreign Sub-Custodians. The Custodian is authorized and instructed, either directly or indirectly (through one or more sub-custodian U.S. banks), to employed as sub-custodians for any Fund's securities and other assets maintained outside of the United States the foreign banking institutions, foreign securities depositories and foreign clearing agencies designated on Exhibit A hereto ("foreign sub-sub- custodians"); provided, however, that, notwithstanding the contents of Exhibit A hereto, the Custodian (including any of its agents and subcustodianssub-custodians) is authorized to directly or indirectly employ or retain any sub-custodian, depository or clearing agency only if said employed or retained institution qualifies as either (a) an "eligible foreign custodian", ," as defined in Rule 17f-5 17f- 5 under the Investment Company Act of 1940, or (b) a "bank", ," as defined in Section 2(a)(5) of the Investment Company Act of 1940, that in turn qualifies as an eligible domestic custodian under Section 17(f) of the Investment Company Act of 1940; and provided further that the Custodian shall be liable to the Company for any loss of any Fund assets custodied with any institution directly or indirectly employed or retained by the Custodian (or any of its agents or sub-sub- custodians) that does not meet the qualifications qualifies of either clause (a) of or (b) of the preceding provisoprovision. Upon receipt of Proper Instructions, together with a certified resolution of the Company's Board of Directors, the Custodian and the Company may agree to amend amended Schedule A hereto from time to time to designate additional or alternative foreign banking institutions, foreign securities depositories and foreign clearing agencies to act as sub-custodians. Each foreign banking institution shall be authorized to deposit securities in foreign securities depositories and foreign clearing agencies authorized pursuant to Rule 17f-5 under the Investment Company Act of 1940. Upon receipt of Proper Instructions from the Company the Custodian shall promptly cease the employment of any one or more of such sub-custodians for maintaining custody of the assets of the applicable Fund(s).

Appears in 1 contract

Samples: Custodian Contract (Advantus International Balanced Fund Inc)

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