Common use of Exercise of Rights; Tender Offers Clause in Contracts

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 127 contracts

Samples: Custodian Agreement (Fidelity Financial Trust), Custodian Agreement (Variable Insurance Products Fund Iv), Custodian Agreement (Variable Insurance Products Fund Iv)

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Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing. Section 2.08.

Appears in 40 contracts

Samples: Custodian Agreement (Fidelity Revere Street Trust), Custodian Agreement (Fidelity Advisor Series Viii), Form of Custodian Agreement Agreement (Fidelity School Street Trust/)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: shall (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, futures contracts, options, rights or trustee, similar securities for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetssecurities and cash, if any, acquired as a result of by such actions action are to be delivered to the Custodian; , and (b) deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in by Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, redemptions or similar rights of security ownershipownership of which the Custodian receives notice or otherwise becomes aware, and shall promptly notify each applicable the Fund of any such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.

Appears in 36 contracts

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

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 34 contracts

Samples: Custodian Agreement (BlackRock Multi-Sector Opportunities Trust II), Custodian Agreement (Global Financial Services Master Trust), Agreement (BlackRock Defined Opportunity Credit Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities included in the Proper Instructions that are received in exchange for the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise action as directed to the contrary in Proper Instructions, Instructions to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Trust or the Investment Adviser of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian Trust may agree designate in writing.

Appears in 8 contracts

Samples: Mutual Fund Custody Agreement (Victory Variable Insurance Funds), Mutual Fund Custody Agreement (Victory Portfolios), Mutual Fund Custody Agreement (Victory Institutional Funds)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable the Fund of such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.

Appears in 5 contracts

Samples: Custodian Agreement (Fidelity Rutland Square Trust), Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Rutland Square Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable the Fund of such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.

Appears in 4 contracts

Samples: Custodian Agreement (Fidelity Advisor Series I), Custodian Agreement (North Carolina Capital Management Trust), Custodian Agreement (Fidelity Aberdeen Street Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, unless otherwise directed in Proper Instructions that the Custodian under the existing facts and circumstances is able to implement, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, commercially reasonable action to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by electronic transmission, facsimile transmission or in such other manner as such Fund and the Custodian may reasonably agree in writing.

Appears in 3 contracts

Samples: Agreement Between (Hartford HLS Series Fund Ii Inc), Agreement (Hartford Funds Master Fund), Custodian Agreement (Hartford Funds Master Fund)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, unless otherwise directed in Proper Instructions that the Custodian under the existing facts and circumstances is able to implement, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, commercially reasonable action to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 2 contracts

Samples: Agreement (Hartford Series Fund Inc), Agreement (Hartford Mutual Funds Inc/Ct)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary actioncommercially reasonable actions, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge or of which the Custodian should have knowledge upon exercising the same level of good faith, reasonable care , diligence, and prudence as a professional custodian in performing its duties under this Agreement would have had, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 1 contract

Samples: Procedural Agreement (Mlig Variable Insurance Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.each

Appears in 1 contract

Samples: Custodian Agreement (Corporate High Yield Fund Iv)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: shall (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, futures contracts, options, rights or trustee, similar securities for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetssecurities and cash, if any, acquired as a result of by such actions action are to be delivered to the Custodian; , and (b) deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in by Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, redemptions or similar rights of security ownershipownership of which the Custodian receives notice or otherwise becomes aware, and shall promptly notify each applicable the Fund of any such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing. 2.9.

Appears in 1 contract

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

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Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Company of such action in writing by facsimile transmission or in such other manner as such Fund the Company and the Custodian may agree in writing.

Appears in 1 contract

Samples: Custodian Agreement (Fidelity Wise Origin Bitcoin Fund)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities included in the Proper Instructions that are received in exchange for the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise action as directed to the contrary in Proper Instructions, Instructions to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund the Company or the Investment Adviser of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian Company may agree designate in writing.

Appears in 1 contract

Samples: Agreement (SBSF Funds Inc)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, . calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 1 contract

Samples: Agreement (BlackRock Health Sciences Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be he returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 1 contract

Samples: Agreement (Blackrock California Municipal Income Trust)

Exercise of Rights; Tender Offers. Upon receipt of Proper --------------------------------- Instructions, the Custodian shall: shall (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, - or to the agent of such issuer either, warrants, puts, calls, futures contracts, options, rights or trustee, similar securities for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetssecurities and cash, if any, acquired as a result of by such actions action are -------- to be delivered to the Custodian; , and (b) deposit securities upon invitations - for tenders thereofof securities, provided that the consideration for such securities is to be paid or -------- delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in by Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, redemptions or similar rights of security ownershipownership of which the Custodian receives notice or otherwise becomes aware, and shall promptly notify each applicable the Fund of any such action in writing by facsimile transmission or in such other manner as such the Fund and the Custodian may agree in writing.

Appears in 1 contract

Samples: Custodian Agreement (Brazil Fund Inc)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) shall deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer either, warrants, puts, calls, rights or trusteesimilar securities, for the purpose of exercise being exercised or salesold, provided that the new securities, cash or other assetsProperty, if any, acquired as a result of by such actions are action is to be delivered to the Custodian; and (b) , and, upon receipt of Proper Instructions, to deposit securities upon invitations for tenders thereofof securities, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary commercially reasonable action, unless otherwise directed to the contrary in Proper Instructions, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownershipownership of which the Custodian has actual knowledge, and shall promptly notify each the relevant investment manager(s) of the applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing.

Appears in 1 contract

Samples: Agreement (Gmam Absolute Return Strategies Fund LLC)

Exercise of Rights; Tender Offers. Upon receipt of Proper Instructions, the Custodian shall: (a) deliver warrants, puts, calls, rights or similar securities to the issuer or trustee thereof, or to the agent of such issuer or trustee, for the purpose of exercise or sale, provided that the new securities, cash or other assets, if any, acquired as a result of such actions are to be delivered to the Custodian; and (b) deposit securities upon invitations for tenders thereof, provided that the consideration for such securities is to be paid or delivered to the Custodian, or the tendered securities are to be returned to the Custodian. Notwithstanding any provision of this Agreement to the contrary, the Custodian shall take all necessary action, unless otherwise directed to the contrary in Proper Instructions, agreed to by the Custodian, to comply with the terms of all mandatory or compulsory exchanges, calls, tenders, redemptions, or similar rights of security ownership, and shall promptly notify each applicable Fund of such action in writing by facsimile transmission or in such other manner as such Fund and the Custodian may agree in writing. Section 2.08.

Appears in 1 contract

Samples: Custodian Agreement (Variable Insurance Products Fund Ii)

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