Common use of Whenever a Futures Clause in Contracts

Whenever a Futures. Contract held by the Custodian hereunder is retained by the Fund until delivery or settlement is made on such Futures Contract, the Fund shall deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relates; (b) with respect to a Stock Index Futures Contract, the total cash settlement amount to be paid or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or received; (c) the broker, dealer, or futures commission merchant to or from whom payment or delivery is to be made or received; and (d) the amount of cash and/or Securities to be withdrawn from the Senior Security Account for such Series. The Custodian shall make the payment or delivery specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawals, if any, to be made from the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 1940, as amended. Each delivxxx of such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant.

Appears in 2 contracts

Samples: Custody Agreement (Principal Largecap Stock Index Fund Inc), Custody Agreement (Principal Partners Midcap Growth Fund Inc)

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Whenever a Futures. Contract held by the Custodian hereunder is retained by the Fund until delivery or settlement is made on such Futures Contract, the Fund shall deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relates; (b) with respect to a Stock Index Futures Contract, the total cash settlement amount to be paid or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or received; (c) the broker, dealer, or futures commission merchant to or from whom payment or delivery is to be made or received; and (d) the amount of cash and/or Securities to be withdrawn from the Senior Security Account for such Series. The Custodian shall make the payment or delivery specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawals, if any, to be made from the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 1940Xxx 0000, as amended. Each delivxxx delivery of such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant.. ARTICLE VII

Appears in 1 contract

Samples: Exhibit 7 (Baron Capital Funds Trust)

Whenever a Futures. Contract held by the Custodian hereunder is retained by the Fund until delivery or settlement is made on such Futures Contract, the Fund shall deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relates; (b) with respect to a Stock Index Futures Contract, the total cash settlement amount to be paid or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or received; (c) the broker, dealer, or futures commission merchant to or from whom payment or delivery is to be made or received; and (d) the amount of cash and/or Securities to be withdrawn from the Senior Security Account for such Series. The Custodian shall make the payment or delivery specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawals, if any, to be made from the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 1940, as amended. Each delivxxx of delixxxx xx such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant.

Appears in 1 contract

Samples: Custody Agreement (Principal Partners Largecap Growth Fund Inc)

Whenever a Futures. Contract held by the Custodian hereunder is retained Option purchased by the Fund until delivery or settlement pursuant to paragraph 1 is made on such Futures Contractexercised by the Fund, the Fund shall deliver or cause the Administrator to deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relatessuch Futures Contract Option was specifically allocated; (b) with respect to a Stock Index the particular Futures Contract, the total cash settlement amount to be paid Contract Option (put or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or receivedcall) being exercised; (c) the broker, dealer, type of Futures Contract underlying the Futures Contract Option; (d) the date of exercise; (e) the name of the broker or futures commission merchant to or from through whom payment or delivery the Futures Contract Option is exercised; (f) the net total amount, if any, payable by the Fund; (g) the amount, if any, to be made or receivedreceived by the Fund; and (dh) the amount of cash and/or the amount and kind of Securities to be withdrawn from deposited in the Se- nior Security Account for such Series. The Custodian shall make, out of the moneys and Securities specifically allocated to such Series, the payments, if any, and the deposits, if any, into the Senior Security Account as specified in the Cer- tificate. The deposits, if any, to be made to the Margin Ac- count shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 4. Whenever the Fund writes a Futures Contract Option, the Fund shall deliver or cause the Administrator to deliver to the Custodian a Certificate specifying with respect to such Futures Contract Option: (a) the Series for which such Futures Contract Option was written; (b) the type of Futures Contract Option (put or call); (c) the type of Futures Contract and such other information as may be necessary to identify the Futures Contract underlying the Futures Contract Option; (d) the expiration date; (e) the exercise price; (f) the premium to be received by the Fund; (g) the name of the broker or futures commission merchant through whom the premium is to be received; and (h) the amount of cash and/or the amount and kind of Securities, if any, to be deposited in the Senior Security Account for such Series. The Custodian shall make shall, upon receipt of the payment or delivery premium specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money moneys and Securities specifically allocated to such Series of the fee or commissiondeposits into the Senior Security Account, if any, as specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawalsdeposits, if any, to be made from to the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 1940, as amended. Each delivxxx of such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant.

Appears in 1 contract

Samples: Custody Agreement (Bjurman Funds)

Whenever a Futures. Contract held by the Custodian hereunder is retained by the Fund until delivery or settlement is made on such Futures Contract, the Fund shall deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relates; (b) with respect to a Stock Index Futures Contract, the total cash settlement amount to be paid or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or received; (c) the broker, dealer, or futures commission merchant to or from whom payment or delivery is to be made or received; and (d) the amount of cash and/or Securities to be withdrawn from the Senior Security Account for such Series. The Custodian shall make the payment or delivery specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawals, if any, to be made from the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 19400000, as xx amended. Each delivxxx delivery of such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant. ARTICLE VII.

Appears in 1 contract

Samples: Custody Agreement (MSB Fund Inc)

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Whenever a Futures. Contract held by the Custodian hereunder Option which is retained written by the Fund until delivery or settlement and which is made on such Futures Contracta put is exercised, the Fund shall promptly deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relatessuch Option was specifically allocated; (b) with respect to a Stock Index the particular Futures Contract, the total cash settlement amount to be paid or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or receivedContract Option exercised; (c) the brokertype of Futures Contract underlying such Futures Contract Option; (d) the name of the broker or futures commission merchant through whom such Futures Contract Option is exercised; (e) the net total amount, dealerif any, payable to the Fund upon such exercise; (f) the net total amount, if any, payable by the Fund upon such exercise; and (g) the amount and kind of Securities and/or cash to be withdrawn from or deposited in, the Senior Security Account for such Series, if any. The Custodian shall, upon its receipt of the net total amount payable to the Fund, if any, specified in the Certificate, make out of the moneys and Securities specifically allocated to such Series, the payments, if any, and the deposits, if any, into the Senior Security Account as specified in the Certificate. The deposits to and/or withdrawals from the Margin Account, if any, shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. Promptly after the execution by the Fund of a purchase of any Futures Contract Option identical to a previously written Futures Contract Option described in this Article in order to liquidate its position as a writer of such Futures Contract Option, the Fund shall deliver to the Custodian a Certificate specifying with respect to the Futures Contract Option being purchased: (a) the Series to which such Option is specifically allocated; (b) that the transaction is a closing transaction; (c) the type of Future Contract and such other information as may be necessary to identify the Futures Contract underlying the Futures Option Contract; (d) the exercise price; (e) the premium to be paid by the Fund; (f) the expiration date; (g) the name of the broker or futures commission merchant to or from whom payment or delivery the premium is to be made or receivedpaid; and (dh) the amount of cash and/or Securities the amount and kind of Securities, if any, to be withdrawn from the Senior Security Account for such Series. The Custodian shall make effect the payment or delivery specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such the Certificate. The withdrawals, if any, to be made from the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifying: (a) the name of the futures commission merchant; (b) the specific cash and Securities to be delivered; (c) the date of such delivery; and (d) the date of the agreement between the Fund and such futures commission merchant entered pursuant to Rule 17f-6 under the Investment Company Act 1940, as amended. Each delivxxx of such a Certificate by the Fund shall constitute (x) a representation and warranty by the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchant.

Appears in 1 contract

Samples: Custody Agreement (Oppenheimer International Growth Fund)

Whenever a Futures. Contract held by the Custodian hereunder is retained Option purchased by the Fund until delivery or settlement pursuant to paragraph 1 is made on such Futures Contractexercised by the Fund, the Fund shall promptly deliver to the Custodian a Certificate specifying: (a) the Futures Contract and the Series to which the same relatessuch Futures Contract Option was specifically allocated; (b) with respect to a Stock Index the particular Futures Contract, the total cash settlement amount to be paid Contract Option (put or received, and with respect to a Financial Futures Contract, the Securities and/or amount of cash to be delivered or receivedcall) being exercised; (c) the broker, dealer, type of Futures Contract underlying the Futures Contract Option; (d) the date of exercise; (e) the name of the broker or futures commission merchant to or from through whom payment or delivery the Futures Contract Option is exercised; (f) the net total amount, if any, payable by the Fund; (g) the amount, if any, to be made or receivedreceived by the Fund; and (dh) the amount of cash and/or the amount and kind of Securities to be withdrawn from deposited in the Senior Security Account for such Series. The Custodian shall make make, out of the payment or delivery moneys and Securities specifically allocated to such Series, the payments of money, if any, and the deposits of Securities, if any, into the Senior Security Account as specified in the Certificate, and delete such Futures Contract from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein. 4. Whenever the Fund shall enter into a Futures Contract to offset a Futures Contract held by the Custodian hereunder, the Fund shall deliver to the Custodian a Certificate specifying: (a) the items of information required in a Certificate described in paragraph 1 of this Article, and (b) the Futures Contract being offset. The Custodian shall make payment out of the money specifically allocated to such Series of the fee or commission, if any, specified in the Certificate and delete the Futures Contract being offset from the statements delivered to the Fund pursuant to paragraph 3 of Article III herein, and make such withdrawals from the Senior Security Account for such Series as may be specified in such Certificate. The withdrawalsdeposits, if any, to be made from to the Margin Account shall be made by the Custodian in accordance with the terms and conditions of the Margin Account Agreement. 5. Notwithstanding any other provision in this Agreement shall promptly deliver to the contrary, the Custodian shall deliver cash and Securities to a futures commission merchant upon receipt of a Certificate from the Fund specifyingspecifying with respect to such Futures Contract Option: (a) the name of the futures commission merchantSeries for which such Futures Contract Option was written; (b) the specific cash and Securities to be deliveredtype of Futures Contract Option (put or call); (c) the date type of Futures Contract and such deliveryother information as may be necessary to identify the Futures Contract underlying the Futures Contract Option; and (d) the date expiration date; (e) the exercise price; (f) the premium to be received by the Fund; (g) the name of the agreement between the Fund and such broker or futures commission merchant entered pursuant through whom the premium is to Rule 17f-6 under be received; and (h) the Investment Company Act 1940amount of cash and/or the amount and kind of Securities, if any, to be deposited in the Senior Security Account for such Series. The Custodian shall, upon receipt of the premium specified in the Certificate, make out of the moneys and Securities specifically allocated to such Series the deposits into the Senior Security Account, if any, as amendedspecified in the Certificate. Each delivxxx of such a Certificate The deposits, if any, to be made to the Margin Account shall be made by the Fund shall constitute (x) a representation Custodian in accordance with the terms and warranty by conditions of the Fund that the Rule 17f-6 agreement has been duly authorized, executed and delivered by the Fund and the futures commission merchant and complies with Rule 17f-6, and (y) an agreement by the Fund that the Custodian shall not be liable for the acts or omissions of any such futures commission merchantMargin Account Agreement.

Appears in 1 contract

Samples: Real Asset Fund (Oppenheimer Real Asset Fund)

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