Common use of Written Clause in Contracts

Written. All instructions from a Fund or Manager with respect to its Accounts must be from an authorized person and, except those instructions described in Paragraph 7, shall be in writing, and shall continue in force until changed by subsequent instructions. For purposes of this Paragraph 11, an authorized person means any of the persons duly authorized by the Board to give instructions on behalf of a Fund, as applicable, as set forth in a certificate along with any limitations on such Persons’ scope of authority, such certificate to be executed by the Secretary or Assistant Secretary of the Fund, as the same may be revised from time to time. Pending receipt of written authority, Custodian may in its discretion at any time accept oral, faxed, wired and electronically transmitted instructions from a Fund or Manager provided Custodian believes in good faith that the instructions are genuine. If oral instructions are received, the Fund or Manager, as the case may be, shall promptly confirm such instructions in writing or by facsimile or other means permitted hereunder. A Fund will hold Custodian harmless for the failure of that Fund or Manager to send confirmation in writing, the failure of such confirmation to conform to the telephone instructions received or Custodian’s failure to produce such confirmation at any subsequent time. Only those individuals as may be designated by a Fund or Manager from time to time are authorized to give instructions as described In this Agreement.

Appears in 3 contracts

Sources: Custody Agreement (WTI Fund X, Inc.), Global Custody Agreement (Venture Lending & Leasing IX, Inc.), Global Custody Agreement (Venture Lending & Leasing VIII, Inc.)