Reliance on Certificates and Instructions. Bank shall be entitled to rely upon any Certificate, Written or Oral Instruction actually received by Bank and reasonably believed by Bank to be duly authorized and delivered. Lender agrees to forward to Bank Written Instructions confirming Oral Instructions in such manner so that such Written Instructions are received by Bank by the close of business of the same day that such Oral Instructions are given to Bank. Lender and Bank agree that the fact that such confirming Written Instructions are not received or that contrary instructions are received by Bank shall in no way affect the validity or enforceability of (a) the transactions authorized by Lender by Oral Instructions, or (b) any obligation of Bank to act upon Oral Instructions under the terms of this Agreement (to the extent that contrary Oral or Written Instructions are not received by Bank). In this regard, the records of Bank shall be presumed to reflect accurately any Oral Instructions given by an Authorized Person or a person believed by Bank to be an Authorized Person.
Appears in 17 contracts
Samples: Securities Lending Agreement and Guaranty, Securities Lending Agreement and Guaranty (ING Separate Portfolios Trust), Securities Lending Agreement and Guaranty (ING Emerging Markets High Dividend Equity Fund)
Reliance on Certificates and Instructions. Bank shall be entitled to rely upon any Certificate, Written or Oral Instruction actually received by Bank and reasonably believed by Bank to be duly authorized and delivered. Lender agrees to forward to Bank Written Instructions confirming conforming Oral Instructions in such manner so that such Written Instructions are received by Bank by the close of business of the same day that such Oral Instructions are given to Bank. Lender and Bank agree that the fact that such confirming Written Instructions are not received or that contrary instructions are received by Bank shall in no way affect the validity or enforceability of (a) the transactions authorized by Lender by Oral Instructions, or (b) any obligation of Bank to act upon Oral Instructions under the terms of this Agreement (to the extent that contrary Oral or Written Instructions are not received by Bank). In this regard, the records of Bank shall be presumed to reflect accurately any Oral Instructions given by an Authorized Person or a person believed by Bank to be an Authorized Person.
Appears in 3 contracts
Samples: Securities Lending Agreement (Ing Investment Funds Inc), Securities Lending Agreement (Ing Mayflower Trust), Securities Lending Agreement (Ing Equity Trust)
Reliance on Certificates and Instructions. Bank shall be entitled to rely upon any Certificate, Written or Oral Instruction actually received by Bank and reasonably believed by Bank to be duly authorized and delivered. Lender Xxxxxx agrees to forward to Bank Written Instructions confirming Oral Instructions in such manner so that such Written Instructions are received by Bank by the close of business of the same day that such Oral Instructions are given to Bank. Lender and Bank agree that the fact that such confirming Written Instructions are not received or that contrary instructions are received by Bank shall in no way affect the validity or enforceability of (a) the transactions authorized by Lender by Oral Instructions, or (b) any obligation of Bank to act upon Oral Instructions under the terms of this Agreement (to the extent that contrary Oral or Written Instructions are not received by Bank). In this regard, the records of Bank shall be presumed to reflect accurately any Oral Instructions given by an Authorized Person or a person believed by Bank to be an Authorized Person.
Appears in 1 contract
Samples: Securities Lending Agreement and Guaranty (Voya Enhanced Securitized Income Fund)
