Holding Assets Clause Samples

The "Holding Assets" clause defines the responsibilities and procedures for a party, often a trustee or custodian, to securely maintain and manage assets on behalf of another party. This clause typically outlines the types of assets covered, the standards of care required, and any restrictions or reporting obligations related to the assets held. For example, it may specify that funds must be kept in segregated accounts or that certain records must be maintained. Its core practical function is to ensure the safekeeping and proper management of assets, thereby protecting the interests of the asset owner and reducing the risk of misappropriation or loss.
Holding Assets. The Custodian may hold securities and other non-cash property for all of its customers, including the Fund, with a foreign sub-custodian in a single account that is identified as belonging to the Custodian for the benefit of its customers, provided, however, that (i) the records of the Custodian with respect to securities and other non-cash property of a Portfolio which are maintained in such account shall identify by book-entry those securities and other non-cash property belonging to the Portfolio and (ii) the Custodian shall require that securities and other non-cash property so held by the foreign sub-custodian be held separately from any assets of the foreign sub-custodian or of others who are not customers of the Custodian. The Custodian shall hold foreign currency and other cash property for a Portfolio with foreign sub-custodians in an account in the name of the Custodian, for the benefit of its customers, which account shall be interest bearing in jurisdictions in which the Custodian, in accordance with its customary practices, holds the cash of customers that are investment companies in interest-bearing accounts.
Holding Assets. (a) Except for Domestic Securities deposited and maintained in a Securities System pursuant to paragraph (b) of this Section 2.1, the Custodian shall hold all Domestic Securities physically segregated at all times from those of any other person or persons and shall ▇▇▇▇ such Securities in such manner as to clearly identify them as the property of the Fund. (b) The Custodian may deposit and maintain Domestic Securities in a clearing agency registered with the Securities and Exchange Commission under Section 17A of the Securities Exchange Act of 1934 (the "Exchange Act"), which acts as a securities depository, or in the book-entry system authorized by the U.S. Department of the Treasury and the Board of Governors (the "Federal Reserve Board") of the Federal Reserve System (collectively, the "Securities System") in accordance with applicable rules and regulations of the Federal Reserve Board and the Securities and Exchange Commission. The Domestic Securities will be represented in an account of the Custodian ("Account") in the Securities System, which shall include only those assets which the Custodian shall hold in its capacity as a fiduciary or otherwise for customers, and the Domestic Securities shall be identified by book-entry in the records of the Custodian as belonging to the Fund. The Fund will provide to the Custodian, as required by Rule 17f-4 (d) (5) promulgated under the 1940 Act, (i) prior to the deposit of Domestic Securities in the Securities System, Proper Instructions (as defined in Article 4 hereof) that the Individual Managing Members of the Fund (as defined in the Fund's Limited Liability Agreement dated as of April 22, 2002 (the "LLC Agreement") have approved the initial use of a particular Securities System, and (ii) annually, a certificate of an Individual Managing Member that the Individual Managing Member has reviewed the use of the Fund of such Securities System. (c) The Custodian shall upon receipt of Proper Instructions establish and maintain a segregated account or accounts for and on behalf of the Fund, into which account or accounts may be transferred cash or Domestic Securities, including Domestic Securities maintained by the Custodian in an Account with the Securities System (i) in accordance with the provisions of any agreement between the Fund, the Custodian, any other broker-dealer registered under the Exchange Act and a member of the National Association of Securities Dealers, Inc. ("NASD") or any futures commission mercha...
Holding Assets. The Custodian shall hold and physically segregate in a custodial account all Plan Assets. The Custodian shall, upon receipt of Proper Instructions, further segregate Plan Assets in sub-accounts accordance with such Proper Instructions.
Holding Assets. The Custodian will hold Assets of the Client delivered or credited to its account under this Agreement directly or through accounts at Subcustodians or CSDs. In turn, Subcustodians will hold Assets directly or through accounts at CSDs. For purposes of this Agreement, the term “Assets” shall include Securities, Alternative Assets, monies, and other property held by the Custodian for the benefit of the Client.

Related to Holding Assets

  • Commingling Assets The assets of your IRA cannot be commingled with other property except in a common trust fund or common investment fund.

  • Remaining Assets In the event that the School closes, the School shall return any remaining public assets to the State, provided that any outstanding obligations of the School are fulfilled first pursuant to Sec. 302D-19, HRS.

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • Average Invested Assets For a specified period, the average of the aggregate book value of the Assets before deducting depreciation, bad debts or other non-cash reserves computed by taking the average of such values at the end of each month during such period.

  • Investment Related Property Each Grantor recognizes that, by reason of certain prohibitions contained in the Securities Act and applicable state securities laws, the Collateral Agent may be compelled, with respect to any sale of all or any part of the Investment Related Property conducted without prior registration or qualification of such Investment Related Property under the Securities Act and/or such state securities laws, to limit purchasers to those who will agree, among other things, to acquire the Investment Related Property for their own account, for investment and not with a view to the distribution or resale thereof. Each Grantor acknowledges that any such private sale may be at prices and on terms less favorable than those obtainable through a public sale without such restrictions (including a public offering made pursuant to a registration statement under the Securities Act) and, notwithstanding such circumstances, each Grantor agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner and that the Collateral Agent shall have no obligation to engage in public sales and no obligation to delay the sale of any Investment Related Property for the period of time necessary to permit the issuer thereof to register it for a form of public sale requiring registration under the Securities Act or under applicable state securities laws, even if such issuer would, or should, agree to so register it. If the Collateral Agent determines to exercise its right to sell any or all of the Investment Related Property, upon written request, each Grantor shall and shall cause each issuer of any Pledged Stock to be sold hereunder, each partnership and each limited liability company from time to time to furnish to the Collateral Agent all such information as the Collateral Agent may request in order to determine the number and nature of interest, shares or other instruments included in the Investment Related Property which may be sold by the Collateral Agent in exempt transactions under the Securities Act and the rules and regulations of the Securities and Exchange Commission thereunder, as the same are from time to time in effect.