Instructions Consistent With The Declaration, etc. (a) Unless otherwise provided in this Agreement, Chase shall act only upon Proper Instructions. Chase may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws or any vote or resolution of the Fund's Board of Trustees or any committee thereof. Chase shall be entitled to rely upon any Proper Instructions actually received by Chase pursuant to this Agreement. The Fund agrees that Chase shall incur no liability for following Proper Instructions given to Chase regardless of any allegation or claim by the Fund or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of Proper Instructions. In accord with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans. (b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund. (c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 15 contracts
Sources: Custody Agreement (Nuveen North Carolina Dividend Advantage Municipal Fund), Custody Agreement (Nuveen Massachusetts Dividend Advantage Municipal Fund), Custody Agreement (Nuveen New York Dividend Advantage Municipal Fund 2)
Instructions Consistent With The Declaration, etc. (a) Unless otherwise provided in this Agreement, Chase shall act only upon Proper Instructions. Chase may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws or any vote or resolution of the Fund's Board of Trustees or any committee thereof. Chase shall be entitled to rely upon any Proper Instructions actually received by Chase pursuant to this Agreement. The Fund agrees that Chase shall incur no liability for following Proper Instructions given to Chase regardless of any allegation or claim by the Fund or its Trsutee Trustee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of Proper Instructions. In accord with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 14 contracts
Sources: Custody Agreement (Nuveen Georgia Dividend Advantage Municipal Fund), Custody Agreement (Nuveen Connecticut Dividend Advantage Municipal Fund), Custody Agreement (Nuveen Insured New York Dividend Advantage Municipal Fund)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees ’s Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia shall incur no liability in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Wachovia, provided such Proper Instructions are otherwise in accordance with this Agreement. The Fund agrees that Chase shall incur no liability for following to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Chase regardless of any allegation or claim by Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. In accord , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out prior to receipt of contrary instructions shall not be affected, and the only obligation that Wachovia shall have with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution respect to receipt of Fund instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds conflicting Proper Instructions is to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against promptly notify the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loansreceipt.
(b) b. [Reserved.]
c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of Chase's Wachovia’s acting in accordance with instructions from any unauthorized person using the proper security device because of the failure of the Fund to properly safeguard such security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 7 contracts
Sources: Mutual Fund Custody Agreement (Sei Tax Exempt Trust), Mutual Fund Custody Agreement (Sei Institutional Investments Trust), Mutual Fund Custody Agreement (Sei Daily Income Trust /Ma/)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase Wachovia shall incur no liability for following in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the execution of Fund instructionsFund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundWachovia , or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of ChaseWachovia's acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseWachovia's gross negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 3 contracts
Sources: Mutual Fund Custody Agreement (Tilson Investment Trust), Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund), Mutual Fund Custody Agreement (1838 Bond Debenture Trading Fund)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase First Union shall act only upon Proper Instructions. Chase First Union may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase First Union shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase First Union shall incur no liability for following in acting in good faith upon Proper Instructions that First Union reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim First Union. The Fund agrees to forward to First Union Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to First Union. However, the Fund agrees that where First Union does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which First Union carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase First Union may elect in effecting Proper Instructions, First Union shall be deemed to make a loan to the execution of Fund instructionsFund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when First Union advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundFirst Union, or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase First Union may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase First Union makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase First Union or by the Fund incurs as a result of ChaseFirst Union's acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseFirst Union's gross negligence or willful misconduct. Chase may electronically recordFirst Union may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 2 contracts
Sources: Mutual Fund Custody Agreement (PBHG Insurance Series Fund), Mutual Fund Custody Agreement (PBHG Funds Inc /)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this Agreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Wachovia shall incur no liability in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Wachovia, provided such Proper Instructions are otherwise in accordance with this Agreement. The Fund agrees that Chase shall incur no liability for following to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Chase regardless of any allegation or claim by Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. In accord , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out prior to receipt of contrary instructions shall not be affected, and the only obligation that Wachovia shall have with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution respect to receipt of Fund instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds conflicting Proper Instructions is to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against promptly notify the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loansreceipt.
(b) b. [Reserved.]
c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of ChaseWachovia's acting in accordance with instructions from any unauthorized person using the proper security device because of the failure of the Fund to properly safeguard such security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 2 contracts
Sources: Mutual Fund Custody Agreement (Sei Institutional Investments Trust), Mutual Fund Custody Agreement (Advisors Inner Circle Fund II)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Agreement and Declaration of Trust or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase Wachovia shall incur no liability for following in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the execution of Fund instructionsFund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundWachovia, or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of ChaseWachovia's acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseWachovia's gross negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 1 contract
Sources: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)
Instructions Consistent With The Declaration, etc. (a) Unless otherwise provided in this Agreement, Chase The Trust Company shall act only upon Proper Instructions. Chase The Trust Company may assume that any Proper Instructions Instruction received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws or any vote or resolution of the Fund's Board of Trustees or any committee thereofTrustees. Chase The Trust Company shall be entitled to rely upon any Proper Instructions actually received by Chase The Trust Company pursuant to this Agreement. The Fund agrees that Chase The Trust Company shall incur no liability for following in acting in good faith upon Proper Instructions given to Chase regardless of any allegation or claim by the Fund or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongfulThe Trust Company, it being understood nevertheless, that Chase will be responsible except to the extent provided in Section 25 such liability was incurred as a result of this Agreement for its execution The Trust Company's negligence or performance of Proper Instructionswillful misconduct. In accord with instructions from the Fund, as required by accepted industry practice or as Chase The Trust Company may elect in effecting the execution of Fund instructions, advances of cash or other Property made by ChaseThe Trust Company, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed to Chase The Trust Company by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery overdelivery of Property, shall be deemed a loan by Chase The Trust Company to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase The Trust Company for similar loans.
(b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase The Trust Company may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase The Trust Company makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase The Trust Company or by the Fund as a result of ChaseThe Trust Company's acting in accordance with instructions from any unauthorized person using the proper security devicedevice except to the extent such loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseThe Trust Company's negligence or willful misconduct. Chase The Trust Company may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses ChaseThe Trust Company's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase The Trust Company is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of ChaseThe Trust Company, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to ChaseThe Trust Company's facsimile receiving equipment or by letter, at no additional charge to the Fund.
(c) Chase The Trust Company shall transmit promptly to the Fund all written information (including, without limitation, pendency of maturities of securities and expirations of rights in connection therewith received by Chase's Corporate Actions Department The Trust Company from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase The Trust Company shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department The Trust Company from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department The Trust Company at least three business days prior to the date on which Chase The Trust Company is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase The Trust Company is called for partial redemption by the issuer of such property, Chase The Trust Company is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase The Trust Company in its sole discretion.
Appears in 1 contract
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase Wachovia shall incur no liability for following in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the execution of Fund instructionsFund, payable OD demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundWachovia , or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of ChaseWachovia's acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseWachovia's negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 1 contract
Sources: Fund Custody Agreement (Tortoise North American Energy Corp)
Instructions Consistent With The Declaration, etc. (a) Unless otherwise provided in this Agreement, Chase shall act only upon Proper Instructions. Chase may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws or any vote or resolution of the Fund's Board of Trustees or any committee thereof. Chase shall be entitled to rely upon any Proper Instructions actually received by Chase pursuant to this Agreement. The Fund agrees that Chase shall incur no liability for following Proper Instructions given to Chase regardless of any allegation or claim by the Fund or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of Proper Instructions. In accord with instructions from the Fund, as required by accepted industry practice or as Chase may elect in effecting the execution of Fund instructions, advances of cash or other Property made by Chase, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed to Chase by the Fund, or to any other party which has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such arrangements, methods or devices as Chase may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase or by the Fund as a result of Chase's acting in accordance with instructions from any unauthorized person using the proper security device, unless such unauthorized use is a result of Chase's negligence or willful misconduct. Chase may electronically record, but shall not be obligated to so record, any instructions given by telephone and any other telephone discussions with respect to the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the Fund.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 1 contract
Sources: Custody Agreement (Nuveen Dividend Advantage Municipal Fund)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Agreement and Declaration of Trust or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees ’s Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase Wachovia shall incur no liability for following in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the execution of Fund instructionsFund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundWachovia, or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of Chase's Wachovia’s acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of Chase's Wachovia’s gross negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 1 contract
Sources: Mutual Fund Custody Agreement (Old Mutual Advisor Funds)
Instructions Consistent With The Declaration, etc. (a) a. Unless otherwise provided in this Agreement, Chase Wachovia shall act only upon Proper Instructions. Chase Wachovia may assume that any Proper Instructions received hereunder are not in any way inconsistent with any provision of the Declaration or By-Laws of the Fund or any vote or resolution of the Fund's Board of Trustees Trustees, or any committee thereof. Chase Wachovia shall be entitled to rely upon any Proper Instructions it actually received by Chase receives pursuant to this AgreementAgreement and which it reasonably believes an Authorized Person has given. The Fund agrees that Chase Wachovia shall incur no liability for following in acting in good faith upon Proper Instructions that Wachovia reasonably believes an Authorized Person has given to Chase regardless of any allegation or claim Wachovia. The Fund agrees to forward to Wachovia Proper Instructions confirming oral instructions by the close of business of the same day that the oral instructions are given to Wachovia. However, the Fund agrees that where Wachovia does not receive confirming Proper Instructions or its Trsutee or any third party that Chase's compliance therewith constituted negligence or was otherwise wrongful, it being understood nevertheless, that Chase will be responsible to the extent provided in Section 25 of this Agreement for its execution or performance of receives contrary Proper Instructions. , the validity or enforceability of transactions the oral instructions authorize and which Wachovia carries out shall not be affected.
b. In accord accordance with instructions from the Fund, as required by accepted industry practice requires or as Chase Wachovia may elect in effecting Proper Instructions, Wachovia shall be deemed to make a loan to the execution of Fund instructionsFund, payable on demand, bearing interest at a rate it customarily charges for similar loans, when Wachovia advances of cash or other Property made by ChaseProperty, arising from the purchase, sale, redemption, transfer or other disposition of Property of the Fund, or in connection with the disbursement of funds to any party, or in payment of fees, expenses, claims or liabilities owed the Fund owes to Chase by the FundWachovia, or to any other party which that has secured judgment in a court of law against the Fund which creates an overdraft in the accounts or over-delivery of Property, shall be deemed a loan by Chase to the Fund, payable on demand, bearing interest at such rate customarily charged by Chase for similar loans.
(b) c. The Fund agrees that test arrangements, authentication methods or other security devices to be used with respect to instructions for Proper Instructions which the Fund may give by telephone, telex, TWX, facsimile transmission, bank wire or other teleprocess, or through an electronic instruction system, shall be processed in accordance with terms and conditions for the use of such the arrangements, methods or devices as Chase Wachovia may put into effect and modify from time to time. The Fund shall safeguard any test keys, identification codes or other security devices which Chase Wachovia makes available to the Fund and agrees that the Fund shall be responsible for any loss, liability or damage incurred by Chase Wachovia or by the Fund incurs as a result of ChaseWachovia's acting in accordance with instructions from any unauthorized person using the proper security devicedevice unless the loss, unless such unauthorized use is liability or damage was incurred as a result of ChaseWachovia's negligence or willful misconduct. Chase may electronically recordWachovia may, but shall is not be obligated to so recordto, electronically record any instructions given by telephone and any other telephone discussions with respect to about the Fund. In the event that the Fund uses Chase's Asset Management system or any successor electronic communications or information system, the Fund agrees that Chase is not responsible for the consequences of the failure of that system to perform for any reason, beyond the reasonable control of Chase, or the failure of any communications carrier, utility, or communications network. In the event that system is inoperable, the Fund agrees that it will accept the communication of transaction instructions by telephone, facsimile transmission on equipment compatible to Chase's facsimile receiving equipment or by letter, at no additional charge to the FundAccount.
(c) Chase shall transmit promptly to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities being held for the Fund. With respect to tender or exchange offers, Chase shall transmit promptly by facsimile to the Fund all written information received by Chase's Corporate Actions Department from issuers of the securities whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify Chase's Corporate Actions Department at least three business days prior to the date on which Chase is to take such action or upon the date such notification is first received by the Fund, if later. If any Property registered in the name of a nominee of Chase is called for partial redemption by the issuer of such property, Chase is authorized to allot the called portion to the respective beneficial holders of the Property in such manner deemed to be fair and equitable by Chase in its sole discretion.
Appears in 1 contract
Sources: Fund Custody Agreement (Tortoise North American Energy Corp)