Common use of Overdraft Facility and Security for Payment Clause in Contracts

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets on behalf of the Series for which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 29 contracts

Samples: Mutual Fund Custody and Services Agreement (Voyageur Mutual Funds), Mutual Fund Custody and Services Agreement (Delaware Group Tax Free Money Fund Inc /), Mutual Fund Custody and Services Agreement (Delaware Investments Dividend & Income Fund Inc)

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Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate as set forth in Article IV, Section 1(b) or as agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedtime. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants to the Custodian a first priority continuing security interest in and right of setoff (subject to notice as provided in this Agreement) against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without Without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 14 contracts

Samples: And Services Agreement (Delaware Investments Minnesota Municipal Income Fund Ii Inc), Services Agreement (Voyageur Mutual Funds Iii /Mn/), Amended And (Voyageur Mutual Funds Ii)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets on behalf of the Series for which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets in the Series' account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 11 contracts

Samples: Mutual Fund Custody and Services Agreement (Voyageur Insured Funds), And Services Agreement (Delaware Group Equity Funds Iii), And Services Agreement (Delaware Group Equity Funds Iv)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 11 contracts

Samples: And Services Agreement (Dreyfus Premier Tp Balanced Fund), Services Agreement (Dreyfus Variable Investment Fund), Services Agreement (Dreyfus Growth Opportunity Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable lawMassachusetts UNIFORM COMMERCIAL CODE OR ANY OTHER APPLICABLE LAW.

Appears in 8 contracts

Samples: And Services Agreement (Mpam Funds Trust), And Services Agreement (Dreyfus Premier Opportunity Funds), Services Agreement (Dreyfus Third Century Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code Massachusetts uniform commercial code or any other applicable law.

Appears in 7 contracts

Samples: And Services Agreement (Dreyfus Gnma Fund Inc), Services Agreement (Dreyfus Us Treasury Long Term Fund), And Services Agreement (Dreyfus Appreciation Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 9(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Funds for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFunds, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Funds in an amount sufficient to allow the completion of such payment or transfer. The Custodian shall promptly notify the Funds (an "Overdraft Notice") of any Overdraft by facsimile transmission or in such other manner as the Funds and the Custodian may agree. Any Overdraft provided hereunder: (a) shall be payable on the next Business DayDay after receipt of an Overdraft Notice, unless otherwise agreed by the Series Funds and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Funds at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFunds. The Custodian and the Series Funds acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify emergency expenses not reasonably foreseeable by the Series (an "Overdraft Notice") of any OverdraftFunds. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Funds hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's accounts from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Funds fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ applicable Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 6 contracts

Samples: And Information Services Agreement (PPM America Funds), Delegation, Custody and Information Services Agreement (JNL Series Trust), Delegation, Custody and Information Services Agreement (Jnlny Variable Fund I LLC)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the a Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the such Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 6 contracts

Samples: Custody Agreement (Mpam Funds Trust), Custody Agreement (Mpam Funds Trust), Custody Agreement (Dreyfus Investment Portfolios)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 4 contracts

Samples: Custody Agreement (Dreyfus Life & Annuity Index Fund Inc), Custody Agreement (Dreyfus Midcap Index Fund), Custody Agreement (Insight Premier Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 4 contracts

Samples: And Services Agreement (Jnlny Variable Fund I LLC), And Services Agreement (JNL Variable Fund LLC), And Services Agreement (JNL Variable Fund Iii LLC)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Company acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Funds (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series each Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series a Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 4 contracts

Samples: And Services Agreement (Tweedy Browne Fund Inc), Services Agreement (Gabelli Utility Trust), Services Agreement (Tweedy Browne Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 4 contracts

Samples: Services Agreement (American Independence Funds Trust), Services Agreement (American Independence Funds Trust), Services Agreement (American Independence Funds Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 4 contracts

Samples: Custody Agreement (Dreyfus Municipal Income Inc), Custody Agreement (Dreyfus Variable Investment Fund), Custody Agreement (Dreyfus Balanced Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series Fund hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ Fund's account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series Fund does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series Fund intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 3 contracts

Samples: Services Agreement (Gabelli Global Gold, Natural Resources & Income Trust), Services Agreement (Gabelli Global Gold, Natural Resources & Income Trust), Services Agreement (Gabelli Global Gold, Natural Resources & Income Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or ------------------------------------------------ transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code of any state jurisdiction or any other applicable law.

Appears in 3 contracts

Samples: Mutual Fund Custody and Services Agreement (JNL Variable Fund LLC), Mutual Fund Custody and Services Agreement (JNL Variable Fund v LLC), Mutual Fund Custody and Services Agreement (JNL Variable Fund Iii LLC)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts FOREIGN EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable lawOTHER APPLICABLE LAW.

Appears in 3 contracts

Samples: Services Agreement (Dreyfus Premier Third Century Fund Inc), Services Agreement (Dreyfus Growth & Income Fund Inc /New/), Services Agreement (Dreyfus Balanced Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(i) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "OverdraftOver draft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay pa y promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Custody Agreement (Access Capital Strategies Community Investment Fund Inc), Custody Agreement (Access Capital Strategies Community Inv Fd Inc\insti Inv Por)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Services Agreement (Dreyfus Laurel Tax Free Municipal Funds), Services Agreement (Dreyfus Gnma Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to J42-036-IV-058-#9 Approved 4/11/2001 meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Services Agreement (Dreyfus Growth Opportunity Fund Inc), Services Agreement (Dreyfus a Bonds Plus Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Written Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Custody and Services Agreement (Paydenfunds), Custody and Services Agreement (Metzler Payden Investment Group)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(i) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(saction(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Gabelli Value Fund Inc, Gabelli Value Fund Inc

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series Fund hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ Fund’s account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series Fund does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series Fund intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund’s account and to liquidate Securities in the account as necessary to meet the Series’ Fund’s obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Gabelli Global Healthcare & WellnessRx Trust), Agreement (Gabelli Go Anywhere Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series' account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such Overdraft, interest Overdraft and expensesrelated interest. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania New York Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: And Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Custody and Services Agreement (Allianz Variable Insurance Products Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian ------------------------------------------- receives Instructions to make payments or transfers of Assets on behalf of the Series for which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets in the Series' account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: And Services Agreement (Lincoln Variable Insurance Products Trust), And Services Agreement (Lincoln Advisors Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 9(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Funds for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFunds, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Funds in an amount sufficient to allow the completion of such payment or transfer. The Custodian shall promptly notify the Funds (an "Overdraft Notice") of any Overdraft by facsimile transmission or in such other manner as the Funds and the Custodian may agree. Any Overdraft provided hereunder: (a) shall be payable on the next Business DayDay after receipt of an Overdraft Notice, unless otherwise agreed by the Series Funds and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Funds at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFunds. The Custodian and the Series Funds acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify emergency expenses not reasonably foreseeable by the Series (an "Overdraft Notice") of any OverdraftFunds. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Funds hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's accounts from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Funds fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ applicable Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.. =

Appears in 2 contracts

Samples: Delegation, Custody and Information Services Agreement (Jnlny Variable Fund Ii LLC), Delegation, Custody and Information Services Agreement (JNL Variable Fund Iii LLC)

Overdraft Facility and Security for Payment. In the event that the ------------------------------------------- Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 9(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: And Information Services Agreement (Sierra Asset Management Portfolios), And Information Services Agreement (Composite Bond & Stock Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Custody and Services Agreement (Advantus Series Fund Inc), Custody and Services Agreement (Advantus Series Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the a Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the such Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Custody Agreement (Mpam Funds Trust), Custody Agreement (Mpam Funds Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series' account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Services Agreement (RBB Fund Inc), Services Agreement (RBB Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instructions (or Oral Instructions confirmed in writing) to make payments any payment or transfers transfer of Assets funds on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies funds held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that . Shall the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(saction(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Custody Agreement (Dreyfus Laurel Funds Trust), Custody Agreement (Dreyfus High Yield Strategies Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets on behalf of the Series for which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Mutual Fund Custody and Services Agreement (Ivy Variable Insurance Portfolios), Mutual Fund Custody and Services Agreement (Ivy Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating under the Overdraft. Prior to liquidation of Securities the Custodian shall request that the Fund provide or direct its investment adviser to provide a list of the Securities to be sold to meet the Fund's obligations. In the event that the Fund or the investment advisor does not promptly provide such Overdrafta list of Securities, interest and expensesthe Custodian, after notice to the Fund, may liquidate Securities in an amount necessary to meet the Fund's overdraft obligations. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Services Agreement (Aetna Series Fund Inc), Services Agreement (Aetna Series Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Company acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Funds (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series each Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund’s account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series a Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund’s account and to liquidate Securities in the account as necessary to meet the Series’ Fund’s obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 2 contracts

Samples: Services Agreement (Gabelli Utility Trust), Mutual Fund Custody and Services Agreement (Gabelli Equity Trust Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Separate Account for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesSeparate Account, the Custodian C u stodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Separate Account in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Separate Account and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Separate Account at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedSeparate Account. The Custodian and the Series Separate Account acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet t o m e et other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Separate Account. The Custodian shall promptly notify the Series Separate Account in writing (an "Overdraft " O v erdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Separate Account and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Separate Account hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Separate Account's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Separate Account fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Separate Account's account and to liquidate Securities in the account as is necessary to meet the Series’ Separate Account's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter h e r e a f ter has as a secured creditor under the Pennsylvania M a ssachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Rydex Advisor Variable Annuity Account)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Form of Agreement (PRIMECAP Odyssey Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts FOREIGN EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Dreyfus Disciplined Equity Income Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania [PA/MA] Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (Gabelli Global Deal Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(i) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Liberty All Star Equity Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code of any state jurisdiction or any other applicable law.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (JNL Series Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund’s account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund’s account and to liquidate Securities in the account as necessary to meet the Series’ Fund’s obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (Dreyfus Fixed Income Securities)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing) to make payments any payment or transfers transfer of Assets funds on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies funds held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that . Shall the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(saction(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Maryland Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Dreyfus Disciplined Equity Income Fund)

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Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets mo xxxx on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an a n "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall s hall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft Overdr aft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses n ot reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such casecase , and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Commercia l Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Dreyfus Socially Responsible Growth Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as is charged to other institutional custody customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or other securities transactions or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”åCollateralæ), in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ account and and, after consultation with an Authorized Person of the Fund with respect to which Securities to liquidate, to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Manning & Napier Fund, Inc /Ny/)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate as set forth in Article IV, Section 1(b) or as agreed upon from time to time by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedtime. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants to the Custodian a first priority continuing security interest in and right of setoff (subject to notice as provided in this Agreement) against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without Without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Delaware Enhanced Global Dividend & Income Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Dayday, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Trust acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, to the Series maximum extent permitted by law the Trust hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), each Fund’s account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund’s account and to liquidate Securities in the account as necessary to meet the Series’ Fund’s obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania New York Uniform Commercial Code or any other applicable law. The Trust covenants that, except to the extent required by applicable law, the rights set forth in this provision shall have a first priority subject to no setoffs or claims of any other person prior to or on parity therewith.

Appears in 1 contract

Samples: And Services Agreement (Advantus Series Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as may be charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series each Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series each Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series a Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled entitled, upon notice to the Fund, to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.has

Appears in 1 contract

Samples: And Services Agreement (Wm Trust I)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Trust and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Trust or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Trust acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign currency exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Trust hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(saction(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody and Services Agreement (Dean Family of Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereofWITH THE TERMS HEREOF, to meet unanticipated or unusual redemptionsTO MEET UNANTICIPATED OR UNUSUAL REDEMPTIONS, to allow the settlement of foreign exchange contracts TO ALLOW THE SETTLEMENT OF FOREIGN EXCHANGE CONTRACTS or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable lawUNDER THE MASSACHUSETTS UNIFORM COMMERCIAL CODE OR ANY OTHER APPLICABLE LAW.

Appears in 1 contract

Samples: Manager Agreement (Dreyfus Investment Portfolios)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Trust and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedTrust. The Custodian and the Series Trust acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Trust. The Custodian shall promptly notify the Series Trust in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Trust and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Trust hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), each Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary Overdraft with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attachessuch Fund. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.. (j)

Appears in 1 contract

Samples: Custody Agreement (Payden & Rygel Investment Group)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Northwestern Mutual Series Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Kobren Insight Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and and, following prior consultation with the Fund whenever possible, to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody and Services Agreement (Dreyfus Founders Funds Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (Dreyfus Premier Manager Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(i) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Form of Custody Agreement (Tomorrow Funds Retirement Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(i) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretionafter obtaining the Fund's agreement, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptionsredemption, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To Solely to secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (Eai Select Managers Equity Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian Custodian, to the fullest extent permitted by law, a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Dreyfus Dynamic Alternatives Fund, Inc.)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Maryland Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Mutual Fund Custody and Services Agreement (Dreyfus Municipal Bond Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 9(H) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.or

Appears in 1 contract

Samples: And Information Services Agreement (Wm Strategic Asset Management Portfolios)

Overdraft Facility and Security for Payment. In the event that the ------------------------------------------- Custodian receives is directed by Written Instruction (or Oral Instructions confirmed in writing in accordance with Section 11(h) hereof) to make payments any payment or transfers transfer of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Fund. The Custodian shall promptly notify the Series Fund in writing (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Fund and the Custodian may agree in writing. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as is necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Custody Agreement (MML Series Investment Fund)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions is directed by Written Instruction (or Oral Instruction confirmed in writing) to make payments any payment or transfers transfer of Assets funds on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies funds held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. The Custodian shall have authority over which account of the Fund held at the Custodian to overdraft (i.e. the Custodian may transfer funds from a demand deposit account (DDA) to a trust department account to cause the overdraft of the DDA account in lieu of the trust account). Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest or fees from the date of the Overdraft to the date of payment in full by the Series Fund at a rate such rates as agreed upon in writing, from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly appliedFund. The Custodian and the Series Funds acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesemergency expenses not reasonably foreseeable by the Funds. The Custodian shall promptly notify the Series a Fund (an "Overdraft Notice") of any OverdraftOverdraft by facsimile transmission or in such other manner as the Funds and the Custodian may agree. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Funds hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), each Funds account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets in the Series’ account and to liquidate Securities in the account as necessary to meet the Series’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(saction(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Delaware Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Viking Mutual Funds (Viking Mutual Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Funds for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFunds, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Funds in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Funds and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Funds at a rate agreed upon from time to time time, by the Custodian and the Series Funds or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Funds acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Funds expenses. The Custodian shall promptly notify the Series Funds (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Funds hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Funds fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (JNL Series Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Fund or, in the absence of specific agreement, by at such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Fund hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable lawCOMMERCIAL CODE OR ANY OTHER APPLICABLE LAW.

Appears in 1 contract

Samples: Manager Agreement (Dreyfus Socially Responsible Growth Fund Inc)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments any payment or transfers transfer of Assets monies on behalf of the Series for a Fund which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, create an overdraft the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Funds in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Funds and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Funds at a rate agreed upon from time to time by the Custodian and the Series Funds or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesCustodian. The Custodian shall promptly notify the Series Funds of any Overdraft (an "Overdraft Notice") of any Overdraft”). To secure payment of any Overdraft Overdraft, or any overdraft resulting from the Custodian’s reversing any contractual provisional credits described above in Article I, Section 3 of this Agreement, and related interest and expenses, the Series Funds hereby grants (i) grant to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the SeriesFunds’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such OverdraftOverdraft or overdraft arising from the reversal of a provisional credit, and interest thereon and related expenses; , provided that the Series does Fund do not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act), and (ii) represent and warrant on each day that this Agreement remains in effect that it has the right to grant the foregoing security interest free of any right of redemption or prior claim of any other person or entity and that it shall manage any such Overdrafts and other borrowings so that the aggregate of its borrowing for a Fund do not exceed the amount such Fund is permitted to borrow under the 1940 Act. The Custodian and the Series Funds intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Funds fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the SeriesFunds’ account and to liquidate Securities in the account as necessary to meet the SeriesFunds’ obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania New York Uniform Commercial Code or any other applicable law. The Custodian shall not re-hypothecate any of the pledged Securities in the account for any purpose, except that depositing the Securities in a Securities Depository shall not constitute a re-hypothecation notwithstanding that such Securities Depository may have a lien on such Securities per the terms and conditions applicable to deposits in such Securities Depository.

Appears in 1 contract

Samples: And Services Agreement (Transparent Value Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series a Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Seriesa Fund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Trust and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time time, by the Custodian and the Series Trust or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge Trust acknowledges that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expensesexpenses of the applicable Fund. The Custodian shall promptly notify the Series Trust (an "Overdraft Notice") of any OverdraftOverdraft with respect to a Fund. To secure payment of any Overdraft and related interest and expenseswith respect to a Fund, the Series Trust hereby grants to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), such Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series a Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ such Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (PRIMECAP Odyssey Funds)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Funds for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFunds, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Funds in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Funds and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Funds at a rate agreed upon from time to time time, by the Custodian and the Series Funds or, in the absence of specific agreement, by such S:\LEGAL\xxxxx (SSR, JSK)\Xxxxx Files\JNL Investors Series Trust\PEA No. 1 9-05\Custody Agmts\Custody Agreement5-01.htm rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Funds acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Funds expenses. The Custodian shall promptly notify the Series Funds (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series Funds hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), Fund's account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Funds fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such under the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (JNL Investors Series Trust)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets on behalf of the Series Fund for which there would be, at the close of business on the Business Day of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series Fund hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets in the Series’ Fund's account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the "Collateral"), in the full amount of such Overdraft, interest and expenses; provided that the Series Fund does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series Fund intend that, as the securities intermediary with respect to the Collateral, the Custodian’s 's security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunderhereunder (other than the Lincoln Life's compensation obligations in Article IV), the Custodian shall be entitled to use available Assets in the Series’ Fund's account and to liquidate Securities in the account as necessary to meet the Series’ Fund's obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: And Services Agreement (Lincoln National Variable Annuity Fund A)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series Fund for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the SeriesFund, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series Fund in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series Fund and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series Fund at a rate agreed upon from time to time by the Custodian and the Series Fund or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series Fund acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series Fund expenses. The Custodian shall promptly notify the Series Fund (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expenses, the Series Fund hereby grants to the Custodian a first priority security interest in and right of setoff against the Assets Securities and cash in the Series’ Fund’s account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), in the full amount of such Overdraft, interest and expenses; provided that the Series Fund does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series Fund intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series Fund fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series’ Fund’s account and to liquidate Securities in the account as necessary to meet the Series’ Fund’s obligations relating to such Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Massachusetts Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Gabelli SRI Fund, Inc.)

Overdraft Facility and Security for Payment. In the event that the Custodian receives Instructions to make payments or transfers of Assets monies on behalf of the Series for which there would be, at the close of business on the Business Day date of such payment or transfer, insufficient monies held by the Custodian on behalf of the Series, the Custodian may, in its sole discretion, provide an overdraft (an "Overdraft") to the Series in an amount sufficient to allow the completion of such payment or transfer. Any Overdraft provided hereunder: (a) shall be payable on the next Business Day, unless otherwise agreed by the Series and the Custodian; and (b) shall accrue interest from the date of the Overdraft to the date of payment in full by the Series at a rate agreed upon from time to time time, by the Custodian and the Series or, in the absence of specific agreement, by such rate as charged to other customers of the Custodian under procedures uniformly applied. The Custodian and the Series acknowledge that the purpose of such Overdraft is to temporarily finance the purchase of Securities for prompt delivery in accordance with the terms hereof, to meet unanticipated or unusual redemptions, to allow the settlement of foreign exchange contracts or to meet other unanticipated Series expenses. The Custodian shall promptly notify the Series (an "Overdraft Notice") of any Overdraft. To secure payment of any Overdraft and related interest and expensesOverdraft, the Series hereby grants grant to the Custodian a first priority continuing security interest in and right of setoff against the Assets Securities and cash in the Series’ account, including all income, substitutions and proceeds, whether now owned or hereafter acquired (the “Collateral”), ' account from time to time in the full amount of such Overdraft, interest and expenses; provided that the Series does not grant the Custodian a security interest in any Securities issued by an affiliate of the Custodian (as defined in Section 23A of the Federal Reserve Act). The Custodian and the Series intend that, as the securities intermediary with respect to the Collateral, the Custodian’s security interest shall automatically be perfected when it attaches. Should the Series fail to pay promptly any amounts owed hereunder, the Custodian shall be entitled to use available Assets cash in the Series' account and to liquidate Securities in the account as necessary to meet the Series' obligations relating under the Overdraft. Before securities are sold by the Custodian the Fund will be notified in writing and given a reasonable amount of time to such raise sufficient funds to cover the Overdraft, interest and expenses. In any such case, and without limiting the foregoing, the Custodian shall be entitled to take such other actions(s) or exercise such other options, powers and rights as the Custodian now or hereafter has as a secured creditor under the Pennsylvania Uniform Commercial Code or any other applicable law.

Appears in 1 contract

Samples: Services Agreement (Arbitrage Funds)

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