Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof.
Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the securities in the manner disclosed in the closing memorandum approved by the Issuer as prepared by the Issuer's financial advisor or other agent. The Bank may act on a facsimile transmission of the closing memorandum to be followed by an original of the closing memorandum signed by the financial advisor or the Issuer.
Duties of Bank. The Bank undertakes to perform the duties set forth herein and in the Ordinance and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum as prepared by the Issuer's Financial Advisor, bond counsel or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions.
Duties of Bank. Bank's duties and responsibilities shall be only those expressly set forth in this Agreement, or as otherwise agreed by Bank in writing. Bank shall not be liable for acting or failing to act in accordance with the instructions of Principal under this Agreement or otherwise in accordance with this Agreement or within the scope of its actual or apparent authority. Bank shall not be required to appear in or defend any legal proceedings with respect to the property subject to this Agreement unless Bank has been indemnified to its satisfaction against loss and expense (including reasonable attorneys' fees). Bank may consult with counsel acceptable to it concerning its duties and responsibilities under this Agreement, and shall not be liable for any action taken or not taken on the advice of such counsel. Principal acknowledges that Bank and its agents, if any, act as agent for other repurchase agreement and securities lending clients and accordingly, that other clients' securities may be used prior to Principal's. Principal agrees that each of Bank and any such agent has full discretion to allocate the use of Principal's securities as it deems appropriate, and that Bank may make available securities lending and/or reverse repurchase agreement opportunities to clients other than Principal for any reason, and that Bank will have no obligation to make any securities lending and/or reverse repurchase agreement opportunities available to Principal.
Duties of Bank. Except for exercise of reasonable care in the custody and preservation of any Collateral in its possession and accounting for moneys received by it pursuant to this Agreement, the Bank (in its capacity as such) shall have no duty as to any Collateral. In any event the Bank (a) shall have no duty to take any steps to preserve rights against prior parties or any other rights pertaining to any Collateral, (b) shall have no duty as to ascertaining or taking action with respect to calls, conversions, exchanges, tenders, maturities or other matters pertaining to any Collateral, whether or not the Bank has any knowledge of such matters, and (c) shall not be liable for any action, omission, insolvency or default on the part of any agent or custodian (other than the Bank) appointed by the Bank in good faith. The Bank shall be deemed to have exercised reasonable care in the custody and preservation of Collateral in its possession if it takes such action for such purpose as the Grantors request in writing from time to time (but failure to take any such action shall not in itself be deemed a failure to exercise reasonable care or evidence of such failure). Subject only to the performance by the Bank of its duties set forth in this Section 5.3, risk of loss, damage and diminution in value of the Collateral, of whatever nature and however caused, shall be on the Grantors.
Duties of Bank. 6.1 Bank shall administer the Program and provide the T-Mobile Financial Services in accordance with this Agreement (including Exhibit D). Bank shall use commercially reasonable efforts to [***]. The Parties acknowledge that the offering of the Program in [***] is subject to regulatory approval, provided, that Bank shall use best efforts to obtain such regulatory approval. The Launch Date shall be adjusted to the extent Company requests changes to the Program which result in implementation delays. For purposes of clarity, Exhibit D hereto sets forth the financial products and services that Bank must provide in connection with the Program and the terms and conditions applicable to the provision of such products and services.
Duties of Bank. General The Bank is authorized to act under the terms of this Agreement as the Fund's agent, and as such the Bank will:
Duties of Bank. Bank’s duties and responsibilities as securities lending agent shall be only those expressly set forth in this Agreement, or as otherwise agreed by Bank in writing, and Bank may act, without liability, in accordance with instructions that it reasonably believes have been given by Principal under this Agreement or otherwise in accordance with this Agreement or within the scope of its actual or apparent authority. Bank shall not be required to appear in or defend any legal proceedings or take any other action relating to a securities loan with respect to the property subject to this Agreement, unless Bank has been indemnified to its satisfaction against loss and expense (including reasonable attorneys’ fees). Bank may consult with counsel acceptable to it concerning its duties and responsibilities under this Agreement, and shall not be liable for any action taken or not taken on the advice of such counsel. Principal acknowledges that Bank and its agents, if any, act as agent for other securities lending clients and, accordingly, that other clients’ securities may be used for such transactions prior to Principal’s. Principal agrees that each of Bank and any such agent has full discretion to allocate the use of Principal’s securities as it deems appropriate, and that Bank may make available securities lending opportunities to clients other than Principal for any reason, and that Bank will have no obligation to make any securities lending opportunities available to Principal.
Duties of Bank. Subject to all of the provisions contained herein, Bank agrees to sponsor into Networks, and shall use its best efforts to remain as a member of those Networks, all of the Merchants as Correspondent may request from time to time; provided, that Bank, in its absolute discretion may refuse to sponsor any Merchant requested by Correspondent. With respect to any Merchant accepted by Bank for sponsorship, Bank shall promptly (and in no case later than 5 Business Days after its receipt of the Enrollment Forms for a particular Merchant) complete and execute the applicable Enrollment Forms, forwarding the original Enrollment Forms to Networks and photocopies thereof to Correspondent. For purposes of this Agreement "Business Day" shall mean any day other than Saturday, Sunday or a "holiday".
Duties of Bank. Subject to the supervision and direction of the -------------- Board of Trustees of the Fund, the Bank will assist in conducting various aspects of the Fund's administrative operations and undertakes to perform the services described in Appendix C hereto. The Bank may, from time to time, ---------- perform additional duties and functions which shall be set forth in an amendment to such Appendix C executed by both parties. At such time, the fee schedule ---------- included in Appendix B hereto shall be appropriately amended. ---------- In performing all services under this Agreement, the Bank shall act in conformity with the Fund's Declaration and By-Laws and the 1940 Act, as the same may be amended from time to time, and the investment objectives, investment policies and other practices and policies set forth in the Fund's Registration Statement, as the same may be amended from time to time. Notwithstanding any item discussed herein, the Bank has no discretion over the Fund's assets or choice of investments and cannot be held liable for any problem relating to such investments.
