Foreign Security System Assets definition
Foreign Security System Assets and held in the Securities Account (including those assets held in Euroclear or Clearstream (each a “Foreign Holding Company”)), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book-entry system for the central handling of securities and other financial assets in which the Securities Intermediary or the Sub-Custodian are participants (each, a “Securities System”) may not permit the Borrower to have a security entitlement under the UCC with respect to such Foreign Security System Assets. The Securities Intermediary shall not change the name or the account number of either Collateral Account without the prior written consent of the Program Agent.
Foreign Security System Assets which may be held by the Custodian, a sub-custodian within the Custodian’s network of sub-custodians or a depository or book-entry system for the central handling of securities and other financial assets in which the Custodian or the sub-custodian are participants may not permit the Fund to have a security entitlement under the UCC from the Custodian with respect to such Foreign Security System Assets. If the Fund does not have a security entitlement from the Custodian, such securities or other assets shall not be a financial asset. The Fund hereby further acknowledges that the Custodian gives no assurance that a security entitlement is created under the UCC with respect to the Fund’s assets held in Euroclear or Cedelbank or their successors. Upon receipt of Proper Instructions, the Custodian shall on behalf of the Fund from time to time employ one or more sub-custodians located in the United States, but only in accordance with a vote by the Board of Directors of the Fund (the “Board”), and provided that the Custodian shall have no more or less responsibility or liability to any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the Custodian. The Custodian may place and maintain each Fund’s foreign securities with foreign banking institution sub-custodians employed by the Custodian and/or foreign securities depositories, all as designated in Schedules A and B hereto, but only in accordance with the applicable provisions of Sections 3 and 4 hereof.
Foreign Security System Assets and held in the Securities Accounts (including those assets held in Euroclear or Clearstream (each a “Foreign Holding Company”)), which are held by the Securities Intermediary, a sub-custodian within the Securities Intermediary’s network of sub-custodians (each a “Sub-Custodian”) or a depository or book-entry system for the central handling of securities and other financial assets in which the Securities Intermediary or the Sub-Custodian are participants (each, a “Securities System”) may not permit the Borrower to have a security entitlement under the UCC with respect to such Foreign Security System Assets. The Securities Intermediary shall not change the name or the account number of any Collateral Account without the prior written consent of the Program Agent.” The parties hereto agree that, effective as of the date hereof, Section 3(b) of the Control Agreement shall be amended by (i) replacing each reference to “the Securities Account” set forth therein with a reference to “a Securities Account”, and (ii) replacing each reference to “the Deposit Account” set forth therein with a reference to “a Deposit Account”. The parties hereto agree that, effective as of the date hereof, Section 5(e)(x) of the Control Agreement shall be amended by replacing the reference to “the Securities Account” set forth therein with a reference to “any Securities Account”. The parties hereto agree that, effective as of the date hereof, Section 9(b)(i) of the Control Agreement shall be amended by replacing the reference to “the Securities Account” set forth therein with a reference to “each Securities Account”. The parties hereto agree that, effective as of the date hereof, Section 14 of the Control Agreement is hereby amended by replacing the information set forth therein under the heading “If to the Program Agent” with the following: “If to the Program Agent: If to the Program Agent: Citibank, N.A. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Citibank, N.A. ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇ Telephone No. (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No. (▇▇▇) ▇▇▇-▇▇▇▇”. This Agreement of Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. The Borrower represents and warrants to the Program Agent, the Lende...