Common use of Limitation on Duty to Collect Clause in Contracts

Limitation on Duty to Collect. The Custodian will use reasonable efforts to collect any funds which may to its knowledge become collectible arising from Securities, including dividends, interest and other income, and to transmit to the Trust notice actually received by it if any call or redemption, offer of exchange, right of subscription, reorganization or other proceedings affecting such Securities. If Securities upon which such income is payable are in default or payment is refused after due demand or presentation, and Custodian becomes aware, the Custodian will notify the Trust within a reasonable period of time. Custodian shall not be required to enforce collection, by legal means or otherwise, of any money or property due and payable with respect to Securities held for the Fund if such Securities are in default or payment is not made after due demand or presentation.

Appears in 6 contracts

Samples: Custody Agreement (Cushing ETF Trust), Custody Agreement (Cushing ETF Trust), Custody Agreement (Cushing Mutual Funds Trust)

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Limitation on Duty to Collect. The Custodian will use reasonable efforts to collect any funds which may to its knowledge become collectible arising from Securities, including dividends, interest and other income, and to transmit to the Trust notice actually received by it if any call or redemption, offer of exchange, right of subscription, reorganization or other proceedings affecting such Securities. If Securities upon which such income is payable are in default or payment is refused after due demand or presentation, and Custodian becomes aware, the Custodian will notify the Trust within a reasonable period of time. Custodian shall not be required to enforce collection, by legal means or otherwise, of any money or property due and payable with respect to Securities held for the Fund Trust if such Securities are in default or payment is not made after due demand or presentation.

Appears in 1 contract

Samples: Closed End Fund Custody Agreement (Cushing MLP Total Return Fund)

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