Common use of Custodian's Remedies Clause in Contracts

Custodian's Remedies. Upon (a) a Fund's failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any Fund to the Custodian arising under this Appendix "C" to the Agreement.

Appears in 150 contracts

Samples: Custodian Agreement (Fidelity Fixed Income Trust), Custodian Agreement (Variable Insurance Products Fund Iv), Custodian Agreement (Fidelity Income Fund /Ma/)

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Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Advance Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Advance Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Advance Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set set-off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" A to the Custodian Agreement.

Appears in 22 contracts

Samples: Custodian Agreement (DWS Advisor Funds), Custodian Agreement (DWS Investors Funds, Inc.), Custodian Agreement (DWS Variable Series I)

Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Advance Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Advance Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Advance Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set set-off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" B to the Amended and Restated Master Custodian Agreement.

Appears in 12 contracts

Samples: Master Custodian Agreement (DWS Mutual Funds, Inc.), Master Custodian Agreement (DWS Variable Series Ii), Master Custodian Agreement (DWS Variable Series Ii)

Custodian's Remedies. Upon (a) a Fund's ’s failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's ’s prior Written Notice to such Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any Fund to the Custodian arising under this Appendix "C" to the Agreement.

Appears in 6 contracts

Samples: Custodian Agreement (Fidelity Greenwood Street Trust), Custodian Agreement (Fidelity Commonwealth Trust II), Custodian Agreement (Fidelity Rutland Square Trust II)

Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Obligation of an applicable a Portfolio within thirty (30) days after receipt by such the Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without , without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" C to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Fidelity Aberdeen Street Trust)

Custodian's Remedies. Upon (a) a the Fund's ’s failure to pay any Overdraft Advance Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's ’s prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Advance Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Advance Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set set-off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" A to the Custodian Agreement.

Appears in 1 contract

Samples: Custodian Agreement (DWS RREEF World Real Estate & Tactical Strategies Fund, Inc.)

Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Advance Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Advance Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Advance Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set set-off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" A to the Custodian Agreement.. 2 25

Appears in 1 contract

Samples: Custodian Agreement (Latin America Dollar Income Fund Inc)

Custodian's Remedies. Upon (a) a Fund's failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such the Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any Fund to the Custodian arising under this Appendix "C" to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (North Carolina Capital Management Trust)

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Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without , without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" B to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Fidelity Advisor Korea Fund Inc)

Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft -------------------- - Advance Obligation of an applicable Portfolio the Fund within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's prior - Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Advance Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Advance Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set set-off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" A to the Custodian Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Brazil Fund Inc)

Custodian's Remedies. Upon (a) a the Fund's failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such the Fund of a Written Notice demanding security thereforetherefor, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "CB" to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Japan Fund Inc)

Custodian's Remedies. Upon (a) a Fund's failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such the Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such the Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any the Fund to the Custodian arising under this Appendix "C" to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Fidelity Rutland Square Trust)

Custodian's Remedies. Upon (a) a Fund's failure to pay any Overdraft Obligation of an applicable Portfolio within thirty (30) days after receipt by such Fund of a Written Notice demanding security therefore, and (b) one (1) Business Day's prior Written Notice to such Fund, the Custodian may elect to enforce its security interest in the Collateral securing such Overdraft Obligation, by taking title to (at the its then prevailing fair market value), or selling in a commercially reasonable manner, so much of the Collateral as shall be required to pay such Overdraft Obligation in full. Notwithstanding the provisions of any applicable law, including, without limitation, the Uniform Commercial Code, the remedy set forth in the preceding sentence shall be the only right or remedy to which the Custodian is entitled with respect to the pledge and security interest granted pursuant to any Pledge Certificate or Section 3. Without limiting the foregoing, the Custodian hereby waives and relinquishes all contractual and common law rights of set off to which it may now or hereafter be or become entitled with respect to any obligations of any Fund to the Custodian arising under this Appendix "C" C to the Agreement.

Appears in 1 contract

Samples: Custodian Agreement (MFS Series Trust Ii)

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