Common use of Reimbursement for Advances Clause in Contracts

Reimbursement for Advances. If the Fund requires the Custodian to advance cash or securities for any purpose for the benefit of a Portfolio including the purchase or sale of foreign exchange or of contracts for foreign exchange, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Contract, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the applicable Portfolio, having a fair market value not in excess of 125% of the advance, shall be security therefor if specifically identified as such by the Custodian and should the Fund fail to repay the Custodian promptly, the Custodian shall be entitled to utilize available cash and to dispose of such Portfolios assets to the extent necessary to obtain reimbursement. For any property identified as security under this paragraph, the Fund may substitute other property of equivalent value upon permission of the Custodian, which permission shall not be unreasonably withheld.

Appears in 4 contracts

Samples: Custodian Contract (Legg Mason Investment Trust Inc), Custodian Contract (Legg Mason Investment Trust Inc), Transfer Agency and Service Agreement (Lm Institutional Fund Advisors Ii Inc)

AutoNDA by SimpleDocs

Reimbursement for Advances. If the Fund Trust requires the Custodian to advance cash or securities for any purpose for the benefit of a Portfolio including the purchase or sale of foreign exchange or of contracts for foreign exchange, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Contract, except such as may arise from its or its nominee's ’s own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the applicable Portfolio, having a fair market value not in excess of 125% of the advance, shall be security therefor if specifically identified as such by the Custodian and should the Fund Trust fail to repay the Custodian promptly, the Custodian shall be entitled to utilize available cash and to dispose of such Portfolios assets to the extent necessary to obtain reimbursement. For any property identified as security under this paragraph, the Fund Trust may substitute other property of equivalent value upon permission of the Custodian, which permission shall not be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Legg Mason Investment Trust)

AutoNDA by SimpleDocs

Reimbursement for Advances. If the Fund requires the Custodian to advance cash or securities for any purpose for the benefit of a Portfolio including the purchase or sale of foreign exchange or of contracts for foreign exchange, or in the event that the Custodian or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of this Contract, except such as may arise from its or its nominee's own negligent action, negligent failure to act or willful misconduct, any property at any time held for the account of the applicable PortfolioFund, having a fair market value not in excess of 125% of the advance, shall be security therefor if specifically identified as such by the Custodian and should the Fund fail to repay the Custodian promptly, the Custodian shall be entitled to utilize available cash and to dispose of such Portfolios the Fund assets to the extent necessary to obtain reimbursement. For any property identified as security under this paragraph, the Fund may substitute other property of equivalent value upon permission of the Custodian, which permission shall not be unreasonably withheld.

Appears in 1 contract

Samples: Custodian Contract (Legg Mason Focus Trust Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.