Common use of Crediting of Accounts Clause in Contracts

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Accounts; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accounts, and to otherwise pursue recovery of any such amounts so credited from the Funds. The Funds hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fund.

Appears in 7 contracts

Samples: Custodian Services Agreement (PNC Long-Short Fund LLC), Custodian Services Agreement (PNC Alternative Strategies TEDI Fund LLC), Custodian Services Agreement (PNC Alternative Strategies Fund LLC)

AutoNDA by SimpleDocs

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 7 contracts

Samples: Custodian Services Agreement (Motley Fool Funds Trust), Custodian Services Agreement (Wells Fargo Multi-Strategy 100 Master Fund I, LLC), Custodian Services Agreement (Wells Fargo Multi-Strategy 100 Fund I, LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 6 contracts

Samples: Custodian Services Agreement (Roxbury Funds), Custodian Services Agreement (E Trade Funds), Custodian Services Agreement (Wilshire Variable Insurance Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property asset has been incorrectly creditedcredited to an Account, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund to which such Account relates. The Funds Each Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds such Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in the Account of a particular Portfolio of the Fund in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) with respect to a particular Fund to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds such Fund which sub-custodian makes any credits or advances with respect to a such Fund.

Appears in 5 contracts

Samples: Custodian Services Agreement (Strategic Partners Asset Allocation Funds), Custodian Services Agreement (Strategic Partners Style Specific Funds), Custodian Services Agreement (American Skandia Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund. PFPC Trust shall advise the Fund whenever it intends to realize upon such security interest or right of setoff, or assign its rights under this sub-section (m).

Appears in 4 contracts

Samples: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Opportunities Trust), Custodian Services Agreement (Virtus Equity Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 4 contracts

Samples: Custodian Services Agreement (Sparx Funds Trust), Custodian Services Agreement (Saturna Investment Trust), Custodian Services Agreement (Amana Mutual Funds Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the Funds. The Funds hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fund.from

Appears in 3 contracts

Samples: Custodian Services Agreement (Black Pearl Funds), Custodian Services Agreement (Wilshire Mutual Funds Inc), Custodian Services Agreement (Black Pearl Funds)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein in this Agreement or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts has credited an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundsuch Account.

Appears in 3 contracts

Samples: Custodian Services Agreement (Blackrock Liquidity Funds), Custodian Agreement (Blackrock Funds), Custodian Services Agreement (BlackRock Fixed Income Value Opportunities)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Partnership hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundsuch Account.

Appears in 3 contracts

Samples: Custodian Services Agreement (Hatteras Multi-Strategy Fund II, L.P.), Custodian Services Agreement (Hatteras Multi-Strategy Fund I, L.P.), Custodian Services Agreement (Hatteras Master Fund, L.P.)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Accounts; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereofAccount. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full full, final and final irreversible payment in immediately available funds for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation the amounts so credited are subject to a security interest, levy or other encumbrance or PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. Nothing in this Agreement or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust's actual receipt thereof. Advances shall be payable on demand. The Funds Fund hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account; such first priority contractual possessory security interest in and right of setoff against the assets maintained in an Account hereunder shall be free of any right of redemption or prior claim of the Fund or any other entity and shall be subject to no setoffs, counterclaims or other liens or grants by the Fund or any other entity prior to or on a parity therewith, and the Fund shall take such reasonable additional steps as PFPC Trust may require to assure such priority. Notwithstanding anything in Without limiting any other rights of PFPC Trust under this Agreement to the contraryAgreement, PFPC Trust shall be entitled to may assign any rights it has under this Section 14(m) to a sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundcustodian.

Appears in 3 contracts

Samples: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Phoenix Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account; provided that notwithstanding anything in this Agreement to the contrary no such security interest or right of set off may be exercised without prior notice thereof to the Fund. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 2 contracts

Samples: Amended And (PNC Advantage Funds), Custodian Services Agreement (PNC Funds)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts any Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsapplicable Account, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 2 contracts

Samples: Custodian Services Agreement (Restoration Opportunities Fund), Custodian Services Agreement (Highland Corporate Opportunities Fund)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in the Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 2 contracts

Samples: Custodian Services Agreement (Sit Mutual Funds Trust), Custodian Services Agreement (Sit Mutual Funds Inc)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundsuch Account.

Appears in 2 contracts

Samples: Custodian Services Agreement (AIG Strategic Hedge Fund of Funds), Amended and Restated Custodian Services Agreement (Eii Realty Securities Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsTrust. The Funds Trust hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust which sub-custodian makes any credits or advances with respect to a Fundthe Trust.

Appears in 2 contracts

Samples: Custodian Services Agreement (BHR Institutional Funds), Custodian Services Agreement (BHR Institutional Funds)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsInvestment Fund. The Funds Investment Fund hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in the Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundsuch Account.

Appears in 2 contracts

Samples: Custodian Services Agreement (Multi Strategy Hedge Advantage), Custodian Services Agreement (Multi-Strategy Hedge Opportunities LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the Funds. The Funds hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fundsuch Account.

Appears in 2 contracts

Samples: Custodian Services Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Custodian Services Agreement (CSFB Alternative Capital Tactical Trading Institutional Fund, LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Accounts; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accounts, and to otherwise pursue recovery of any such amounts so credited from the Fundsa Fund. The Funds Trust on behalf of each Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds each Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in the Accounts hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to the Accounts. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds a Fund which sub-custodian makes any credits or advances with respect to a such Fund.

Appears in 2 contracts

Samples: Custodian Services Agreement (Eip Investment Trust), Custodian Services Agreement (Eip Investment Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Each Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable agreed upon charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (CFSB Alternative Capital Event Driven Master Fund, LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit an account of a portfolio of the Accounts Fund with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in an account of a portfolio of the Accounts Fund on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Accountssuch portfolio; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits an account of a portfolio of the Accounts Fund with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsan account of such portfolio maintained under this Agreement, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first fist priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in the accounts of a portfolio of the Fund maintained under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to any such accounts of such portfolio. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) Paragraph 32 to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Agreement (RBB Fund Inc)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets Property in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly creditedcredited (provided that PFPC Trust shall be liable to a Portfolio for any damages suffered by the Portfolio arising out of such incorrect crediting to the extent PFPC Trust would be liable to the Portfolio pursuant to the other provisions of this Agreement), PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsPortfolio relating to the Account that was credited. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian Fund that makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Bridgeway Funds Inc)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds grants a first priority contractual possessory security interest in and a right of setoff against the assets maintained in the Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement ) to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a FundAccount.

Appears in 1 contract

Samples: Custodian Services Agreement (Mount Yale Opportunity Fund, LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein in this Agreement or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts has credited an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (BlackRock Funds II)

AutoNDA by SimpleDocs

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund Confidential and Proprietary Not for Reproduction or Re-Distribution hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Industry Leaders Fund)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the Funds. Fund; provided however, that PFPC Trust shall notify the Fund of any debit of assets in an Account on a contractual settlement date with respect to any purchase applicable to such Account and, if the corresponding settlement fails, PFPC Trust shall, upon receipt of Written Instructions, place such assets in a segregated account The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Fairholme Funds Inc)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in the Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to the Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Rivus Bond Fund)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts any Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsapplicable Account, and to otherwise pursue recovery of any such amounts so credited from the FundsTrust. The Funds Trust hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust which sub-custodian makes any credits or advances with respect to a Fundthe Trust.

Appears in 1 contract

Samples: Custodian Services Agreement (Highland Capital Multi-Strategy Fund)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition addition, PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsapplicable Account, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Form of Custodian Services Agreement (Highland Special Situations Fund II)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the Accounts amount due, (b) the proceeds of any sale or addition PFPC Trust may in its sole discretion credit or debit the assets in an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Account; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using usi ng reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Highland Funds I)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in an Account in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section subsection (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Pennantpark Investment Corp)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the Funds. The Funds hereby grant to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto). Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (E Trade Funds)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC TrustPFPC’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC TrustPFPC’s actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC TrustPFPC’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC TrustPFPC’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsTrust. The Funds Trust hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Trust which sub-custodian makes any credits or advances with respect to a Fundthe Trust.

Appears in 1 contract

Samples: Custodian Services Agreement (FundVantage Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts a Fund with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts a Fund on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsFund; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts any Fund with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsapplicable Fund, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Fund. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Highland Floating Rate Advantage Fund)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the Accounts; Account (provided that nothing herein or otherwise shall require PFPC Trust may reverse any such credit or debit if it determines in its absolute discretion that the transaction with respect to make any advances which the credit or to credit any amounts until PFPC Trust’s actual receipt thereofdebit was made has failed). If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable for whatever reason to collect full full, final and final irreversible payment in immediately available funds for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation the amounts so credited are subject to a security interest, levy or other encumbrance or PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. Nothing in this Agreement or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust's actual receipt thereof. Advances shall be payable on demand. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account; such first priority contractual possessory security interest in and right of setoff against the assets maintained in an Account hereunder shall be free of any right of redemption or prior claim of the Fund or any other entity and shall be subject to no setoffs, counterclaims or other liens or grants by the Fund or any other entity prior to or on a parity therewith, and the Fund shall take such reasonable additional steps as PFPC Trust may require to assure such priority. Notwithstanding anything in Without limiting any other rights of PFPC Trust under this Agreement to the contraryAgreement, PFPC Trust shall be entitled to may assign any rights it has under this sub-section (mSection 14(m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds which sub-custodian makes any credits or advances with respect to a Fund."

Appears in 1 contract

Samples: Custodian Services Agreement (Phoenix Insight Funds Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts an Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian subcustodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian subcustodian of any advance or credit made by PFPC Trust and/or by such sub-custodian subcustodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian subcustodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian subcustodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Kelmoore Strategic Trust)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s 's actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s 's actual receipt thereof. If PFPC Trust credits the Accounts Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s 's actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the AccountsAccount, and to otherwise pursue recovery of any such amounts so credited from the FundsFund. The Funds Fund hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund a first priority contractual possessory security interest in and a right of setoff against the assets maintained in an Account hereunder in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Fund which sub-custodian makes any credits or advances with respect to a the Fund.

Appears in 1 contract

Samples: Custodian Services Agreement (Mezzacappa Partners, LLC)

Crediting of Accounts. PFPC Trust may in its sole discretion credit the Accounts an Account with respect to income, dividends, distributions, coupons, option premiums, other payments or similar items prior to PFPC Trust’s actual receipt thereof, and in addition PFPC Trust may in its sole discretion credit or debit the assets in the Accounts an Account on a contractual settlement date with respect to any sale, exchange or purchase applicable to the AccountsAccount; provided that nothing herein or otherwise shall require PFPC Trust to make any advances or to credit any amounts until PFPC Trust’s actual receipt thereof. If PFPC Trust credits the Accounts any Account with respect to (a) income, dividends, distributions, coupons, option premiums, other payments or similar items on a contractual payment date or otherwise in advance of PFPC Trust’s actual receipt of the amount due, (b) the proceeds of any sale or other disposition of assets on the contractual settlement date or otherwise in advance of PFPC Trust’s actual receipt of the amount due or (c) provisional crediting of any amounts due, and (i) PFPC Trust is subsequently unable to collect full and final payment for the amounts so credited within a reasonable time period using reasonable efforts or (ii) pursuant to standard industry practice, law or regulation PFPC Trust is required to repay to a third party such amounts so credited, or if any Property has been incorrectly credited, PFPC Trust shall have the absolute right in its sole discretion without demand to reverse any such credit or payment, to debit or deduct the amount of such credit or payment from the Accountsapplicable Account, and to otherwise pursue recovery of any such amounts so credited from the FundsCompany. The Funds Company hereby grant grants to PFPC Trust and to each sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Company a first priority contractual possessory security interest in and a right of setoff against the assets maintained hereunder under this Agreement in the amount necessary to secure the return and payment to PFPC Trust and to each such sub-custodian of any advance or credit made by PFPC Trust and/or by such sub-custodian (including reasonable charges related thereto)) to such Account. Notwithstanding anything in this Agreement to the contrary, PFPC Trust shall be entitled to assign any rights it has under this sub-section (m) to any sub-custodian utilized by PFPC Trust in connection with providing services to the Funds Company which sub-custodian makes any credits or advances with respect to a Fundthe Company.

Appears in 1 contract

Samples: Custodian Services Agreement (Highland Distressed Opportunities Fund, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.