Common use of Delivery of Securities Sold Clause in Contracts

Delivery of Securities Sold. Notwithstanding Section 4.03 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practices and procedures in the foreign or domestic jurisdiction in which the transaction occurs, to deliver such Securities prior to actual receipt of final payment therefore. In any such case, and to the extent any such delivery of Securities by the Custodian is not made in error or as a result of the Custodian’s negligence, the Trust shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any of the foregoing.

Appears in 6 contracts

Samples: Custody Agreement (Volt ETF Trust), Custody Agreement (Volt ETF Trust), Custody Agreement (Spinnaker ETF Series)

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Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practices and procedures in the foreign or domestic jurisdiction in which the transaction occurspractice, to deliver such Securities prior to actual receipt of final payment thereforetherefor, if Custodian has notified an Authorized Person of the Trust of its intent to do so, and the Trust has not objected to such proposed procedure within 24 hours of such notification. In any such case, and to the extent any such delivery of Securities by the Custodian is not made in error or as a result of the Custodian’s negligence, the Trust each Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any of for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Assetmark Funds)

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Delivery of Securities Sold. Notwithstanding Section 4.03 4.3 above or any other provision of this Agreement, the Custodian, when instructed to deliver Securities against payment, shall be entitled, if in accordance with generally accepted market practices and procedures in the foreign or domestic jurisdiction in which the transaction occurspractice, to deliver such Securities prior to actual receipt of final payment thereforetherefor, if Custodian has notified an Authorized Person of the Trust of its intent to do so, and the Trust has not objected to such proposed procedure within 24 hours of such notification. In any such case, and to the extent any such delivery of Securities by the Custodian is not made in error or as a result of the Custodian’s negligence, the Trust Fund shall bear the risk that final payment for such Securities may not be made or that such Securities may be returned or otherwise held or disposed of by or through the person to whom they were delivered, and the Custodian shall have no liability for any of for the foregoing.

Appears in 1 contract

Samples: Custody Agreement (Assetmark Funds)

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