Common use of Voting and Other Action Clause in Contracts

Voting and Other Action. Neither the Custodian nor any nominee of the Custodian or of DTC shall vote any of the Securities held hereunder by or for the account of the Fund except in accordance with the instructions contained in an Officers' Certificate. The Custodian shall deliver or have delivered to the Fund all notices, including notices of voluntary and nonvoluntary corporate actions, proxies and proxy soliciting materials with relation to such Securities in a timely fashion in accordance with industry standards. Such proxies are to be executed by the registered holder of such Securities (if registered otherwise than in the name of the Fund), but without indicating the manner in which such proxies are to be voted. With respect to Securities deposited with DTC or any other depository, including a foreign subcustodian, as provided for in Section 6 hereof, where such Securities may be registered in the nominee name of DTC, or other such depository the Custodian shall request that the nominee shall not vote any of such deposited Securities or execute any proxy to vote thereon or give any consent or take any other action with respect thereto unless instructed to do so by the Custodian following receipt by the Custodian of an Officers' Certificate.

Appears in 4 contracts

Samples: Memorial Funds Custodian Agreement (Memorial Funds), Funds Custodian Agreement (Highland Family of Funds), Memorial Funds Custodian Agreement (Memorial Funds)

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Voting and Other Action. Neither the Custodian nor any nominee of the Custodian or of DTC shall vote any of the Securities held hereunder by or for the account of the a Fund except in accordance with the instructions contained in an Officers' Certificate. The Custodian shall deliver or have delivered to the Fund Trust all notices, including notices of voluntary and nonvoluntary corporate actions, proxies and proxy soliciting materials with relation to such Securities in a timely fashion in accordance with industry standards. Such Securities, such proxies are to be executed by the registered holder of such Securities (if registered otherwise than in the name of the a Fund), but without indicating the manner in which such proxies are to be voted. With respect to Securities deposited with DTC a Securities Depository or any other depository, including a foreign subcustodian, as provided for in Section 6 hereof, where such Securities that may be registered in the nominee name of DTCthe Securities Depository or the foreign subcustodian, or other such depository the Custodian shall request that the nominee shall not vote any of such deposited Securities or execute any proxy to vote thereon or give any consent or take any other action with respect thereto unless instructed to do so by the Custodian following receipt by the Custodian of an Officers' Certificate.

Appears in 4 contracts

Samples: Custodian Agreement (Forum Funds), Forum Funds Inc, Memorial Funds

Voting and Other Action. Neither the Custodian nor any nominee of the Custodian or of DTC shall vote any of the Securities held hereunder by or for the account of the Fund except in accordance with the instructions contained in an Officers' Certificate. The Custodian shall deliver or have delivered to the Fund all notices, including notices of voluntary and nonvoluntary corporate actions, proxies and proxy soliciting materials with relation to such Securities in a timely fashion in accordance with industry standards. Such Securities, such proxies are to be executed by the registered holder of such Securities (if registered otherwise than in the name of the Fund), but without indicating the manner in which such proxies are to be voted. With respect to Securities deposited with DTC or any other depository, including a foreign subcustodian, as provided for in Section 6 hereof, where such Securities may be registered in the nominee name of DTC, or other such depository the Custodian shall request that the nominee shall not vote any of such deposited Securities or execute any proxy to vote thereon or give any consent or take any other action with respect thereto unless instructed to do so by the Custodian following receipt by the Custodian of an Officers' Certificate.

Appears in 3 contracts

Samples: Custodian Agreement (JWB Aggressive Growth Fund), Custodian Agreement (Trans Adviser Funds Inc), Custodian Agreement (CRM Funds)

Voting and Other Action. Neither the Custodian nor any nominee of the Custodian or of DTC shall vote any of the Securities held hereunder by or for the account of a the Fund except in accordance with the instructions contained in an Officers' Certificate. The Custodian shall deliver or have delivered to the Trust Fund all notices, including notices of voluntary and nonvoluntary corporate actions, proxies and proxy soliciting materials with relation to such Securities in a timely fashion in accordance with industry standards. Such Securities, such proxies are to be executed by the registered holder of such Securities (if registered otherwise than in the name of a the Fund), but without indicating the manner in which such proxies are to be voted. With respect to Securities deposited with a Securities Depository or a DTC or any other depository, including a foreign subcustodian, as provided for in Section 6 hereof, that where such Securities may be registered in the nominee name of DTCthe Securities Depository or the foreign subcustodianDTC, or other such depository the Custodian shall request that the nominee shall not vote any of such deposited Securities or execute any proxy to vote thereon or give any consent or take any other action with respect thereto unless instructed to do so by the Custodian following receipt by the Custodian of an Officers' Certificate.

Appears in 1 contract

Samples: Memorial Funds

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Voting and Other Action. Neither the Custodian nor any nominee of the Custodian or of DTC shall vote any of the Securities securities held hereunder by or for the account of the Fund except in accordance with the instructions contained in an Officers' Certificate. The Custodian shall deliver or have delivered to the Fund all notices, including notices of voluntary and nonvoluntary corporate actions, proxies and proxy soliciting materials with relation to such Securities in a timely fashion in accordance with industry standards. Such securities, such proxies are to be executed by the registered holder of such Securities securities (if registered otherwise than in the name of the Fund), but without indicating the manner in which such proxies are to be voted. With respect to Securities securities deposited with DTC or any other depository, including a foreign subcustodiansub-custodian, as provided for in Section section 6 hereof, where such Securities securities may be registered in the nominee name of DTC, or other such depository depository, the Custodian shall request that the nominee shall not vote any of such deposited Securities securities or execute any proxy to vote thereon or give any consent or take any other action with respect thereto unless instructed to do so by the Custodian following receipt by the Custodian of an Officers' CertificateProper Instructions.

Appears in 1 contract

Samples: Custodian Agreement (Scudder Mutual Funds Inc)

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