Custody and Safekeeping. The Collateral Agent’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in a similar manner as the Collateral Agent deals with similar property for similar customers, subject to Section 9-207 of the Uniform Commercial Code and subject to the protections and limitations on liability afforded to the Collateral Agent under this Agreement. Neither the Collateral Agent nor any of its Related Parties shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise Dispose of any Collateral; provided that it has acted in accordance with the instructions of the Controlling Party and in compliance with (and subject to) the terms of this Agreement and all Requirements of Law.
Custody and Safekeeping. The Secured Party’s sole duty with respect to the custody, safekeeping and physical preservation of Collateral in its possession, if any, shall be to deal with it in a similar manner as the Secured Party deals with similar property for similar customers, subject to Section 9-207 of the NYUCC and subject to the protections and limitations on liability afforded to the Secured Party under this Agreement.
Custody and Safekeeping. The Client has designated a custodian for the Account (the “Custodian”) and has informed the Manager of the appointment of the Custodian and has directed the Custodian to take instructions from the Manager. The Custodian is a qualified custodian as defined in Section 206(4)-2 of the Advisers Act. Except as provided in Section 7, exclusive responsibility for the custody and safekeeping of the assets constituting the Account shall remain with the Custodian. The Manager shall provide the Custodian with such documents and information, including certification of the Manager’s duly authorized representatives, as the Custodian may reasonably request. All directions given by the Manager to the Custodian shall be in writing, and signed by an authorized representative of the Manager; provided, however, that the Custodian may accept oral directions from the Manager, subject to confirmation in writing. To the extent that the Custodian selected by the Client uses an affiliate of the Manager as a local subcustodian, the Client hereby consents to any transaction effected as a service with such local subcustodian necessary to invest and hold assets in such local market, on the same terms and conditions as other similarly situated non-affiliated clients of such Custodian.
Custody and Safekeeping. (i) Hold securities and other property in safekeeping on behalf of Clients.
Custody and Safekeeping. The Client has designated a custodian for the Account (the “Custodian”) and has informed the Manager of the appointment of the Custodian and has directed the Custodian to take instructions from the Manager. At the date of entering into this Agreement, the Custodian is The Bank of New York Mellon. In the event the Custodian designated by the Client changes, Client shall notify the Manager of such change. Except as provided in Section 7, exclusive responsibility for the custody and safekeeping of the assets constituting the Account shall remain with the Custodian. The Manager shall provide the Custodian with such documents and information, including certification of the Manager's duly authorized representatives, as the Custodian may reasonably request. All directions given by the Manager to the Custodian shall be in writing, and signed by an authorized representative of the Manager; provided, however, that the Custodian may accept oral directions from the Manager, subject to confirmation in writing. In the event the Manager effects a purchase or a sale of a security on behalf of the Account and the relevant security is not available in the Account for delivery to the purchaser of such security or sufficient cash is not available in the Account for payment to the seller of such security, as applicable, because such security or cash was transferred out of the Account pursuant to the Client's instructions and without prior reasonable notice to the Manager, the Manager shall not be liable for and shall be indemnified and held harmless by the Client against any suit, claim, loss, liability, cost or expense (including, but not limited to, reasonable counsel fees and expenses) resulting from such a transaction, save where such circumstances arise as a result of the fraud, willful or reckless misconduct or negligence on the part of the Manager. To the extent that the Custodian selected by the Client uses an affiliate of the Manager as a local subcustodian, the Client hereby consents to any transaction effected as a service with such local subcustodian necessary to invest and hold assets in such local market, on the same terms and conditions as other similarly situated clients of such Custodian.
Custody and Safekeeping. Whenever acting, the -------------------------------------- corporate trustee alone shall have custody of all trust assets and shall maintain all trust books, records and accounts.
Custody and Safekeeping. The Employer shall hold and be responsible for safeguarding the Policies; provided, that if the Employer assigns its rights under this Agreement with respect to any Policy as provided in Section 4.1 of this Agreement, the Employer shall deliver the Policies to the assignee, and the assignee shall be responsible for safeguarding the Policies.
Custody and Safekeeping. With respect to all assets in the Account, Agent agrees to keep all assets safely; collect all dividends, interest, other income and the proceeds of sales and redemptions on assets; and distribute net income and principal as directed by Client. Agent is authorized to sign any certificates and declarations reasonably necessary or convenient for the collection of dividends, interest or income on assets held in the Account. Agent is authorized to hold assets in the Account in the name of its nominee, registered in the name of Client or in bearer form.
Custody and Safekeeping. With respect to all assets in the Account, Xxxxxxxxx agrees to keep all assets safe; collect all dividends, interest, other income and the proceeds of sales and redemptions on assets; and distribute net income and principal as directed by Client. Custodian is authorized to sign any certificates and declarations necessary for the collection of dividends, interest, other income and the proceeds on or from assets in the Account. Custodian shall have all income or capital gains distributions reinvested back into the distributing investment whenever possible unless instructed otherwise by the Client. Custodian is authorized to hold assets in the Account in the name of its nominee or registered in the name of Client.
