Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This Agreement may be terminated by the Corporation, or by Custodian, on sixty days' notice, given in writing and sent by registered mail to Custodian at P. O. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or to the Corporation at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of any Fund to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of such Fund to the Corporation, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, of not less than Two Million Dollars ($2,000,000) as a custodian for the Corporation to be held under terms similar to those of this Agreement; provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Corporation of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Corporation, authorized or approved by a resolution of its Board of Directors.

Appears in 2 contracts

Sources: Custodian Agreement (Primary Trend Fund Inc), Custodian Agreement (Primary Income Funds Inc)

Termination or Assignment. This Agreement may be terminated by the CorporationFund, or by the Custodian, on sixty days' (60) days notice, given in writing and sent by registered mail to Custodian at P. O. ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or to the Corporation Fund at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of any the Fund to dissolve or to function without a custodian of its cash, securities and other property, the Custodian shall not deliver cash, securities or other property of such the Fund to the CorporationFund, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, report of not less than Two Million Dollars ($2,000,000) as a custodian for the Corporation Fund to be held under terms similar to those of this Agreement; , provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Corporation Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement. This Agreement may not be assigned by the Custodian without the consent of the CorporationFund, authorized or approved by a resolution of its Board of Directors.

Appears in 2 contracts

Sources: Custodian Agreement (Security Capital Employee Reit Fund Inc), Custodian Agreement (Security Capital U S Real Estate Shares Inc)

Termination or Assignment. This Agreement may be terminated by the CorporationFunds, or by Custodian, on sixty days' ninety (90) days notice, given in writing and sent by registered mail to Custodian at P. O. ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or to the Corporation Funds at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 2200, San Francisco, California 94104, as the case may be. Upon any termination of this Agreement, pending appointment of a successor to Custodian or a vote of the shareholders of any Fund the Funds to dissolve or to function without a custodian of its cash, securities and other property, Custodian shall not deliver cash, securities or other property of such Fund any one of the Funds to the Corporationparticular Fund, but may deliver them to a bank or trust company in the City of Milwaukee of its own selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report, report of not less than Two Million Dollars ($2,000,000) as a custodian Custodian for the Corporation particular Fund(s) to be held under terms similar to those of this Agreement; , provided, however, that Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Corporation each Fund of all liabilities constituting a charge on or against the properties then held by Custodian or on or against Custodian, and until full payment shall have been made to Custodian of all its fees, compensation, costs and expenses, subject to the provisions of Section 10 of this Agreement, Custodian shall have a security interest in and shall have a right of setoff against properties then held by Custodian for the account of any one of the Funds. This Agreement may not be assigned by Custodian without the consent of the CorporationFunds, authorized or approved by a resolution of its Board Boards of DirectorsTrustees.

Appears in 2 contracts

Sources: Custodian Agreement (California Investment Trust), Custodian Agreement (California Investment Trust Ii)