Common use of No Enforcement Actions Clause in Contracts

No Enforcement Actions. Notwithstanding anything to the contrary in this Agreement, the Custodian shall not be under any duty or obligation to take action, by legal means or otherwise, to effect collection of any amount, if the Investment upon which such amount is payable is/are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 22 contracts

Samples: Custody Agreement (State Trust), Form of Custody Agreement (Peachtree Alternative Strategies Fund), Custody Agreement (MSS Series Trust)

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No Enforcement Actions. Notwithstanding anything to the contrary in this Agreement, the Custodian shall not be under any duty or obligation to to· take action, by legal means or otherwise, to effect collection of any amount, if the Investment upon which such amount is payable is/are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 2 contracts

Samples: Custody Agreement (Northern Lights Fund Trust Ii), Custody Agreement (Northern Lights Fund Trust Iii)

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No Enforcement Actions. Notwithstanding anything to the contrary in this Agreement, the Custodian shall not be under any duty or obligation to take legal action, by legal means or otherwiseotherwise on behalf of the Trust or Fund, including, without limitation, to effect collection of any amount, amount if the Investment upon which such amount is payable is/are in default, or if payment is refused after due demand or presentation, unless and until (i) it shall be directed to take such action by Written Instructions and (ii) it shall be assured to its satisfaction (including prepayment thereof) of reimbursement of its costs and expenses in connection with any such action.

Appears in 1 contract

Samples: Custody Agreement (Cross Shore Discovery Fund)

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