Communications Relating to Fund Investments. Subject to the provisions of Section 2.3, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of domestic investments and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund) received by the Custodian in connection with the domestic investments being held for the Fund pursuant to this Agreement. With respect to tender or exchange offers, the Custodian shall transmit to the Fund all written information received by the Custodian, any agent appointed pursuant to Section 2.8 hereof, or any sub-custodian appointed pursuant to Section 1 hereof, from issuers of the domestic investments whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian at least two (2) New York Stock Exchange business days prior to the time such action must be taken under the terms of the tender, exchange offer or other similar transaction, and it will be the responsibility of the Custodian to timely transmit to the appropriate person(s) such notice. Where the Fund provides the Custodian with less than two (2) New York Stock Exchange business days notice of its desired action, the Custodian shall use its best efforts to timely transmit the Fund’s notice to the appropriate person. It is expressly noted that the parties may agree to alternative procedures with respect to such two (2) New York Stock Exchange business days notice period on a selective and individual basis.
Communications Relating to Fund Investments. Subject to the provisions of Section 2.4, the Custodian shall transmit promptly to the Fund all written information (or a synopsis thereof) (including, without limitation, pendency of calls and maturities of U.S. investments and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund, as well as any proxy statements, consent solicitations and other similar solicitations received by the Custodian from its agents, its subcustodians or issuers of the securities being held as Fund assets hereunder) received by the Custodian from issuers of the U.S. investments being held for the Fund. With respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information (or a synopsis thereof) received by the Custodian from issuers of the U.S. investments whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian by Proper Instructions at least three (3) business days prior to the date on which the Custodian is to take action to exercise such right or power. Notwithstanding the foregoing, Custodian agrees to use commercially reasonable efforts to effectuate the exercise of any such tender, exchange or other right or power in connection with such securities or other property held by it as Fund assets even if the Fund has not provided the Custodian with Proper Instructions in a timely fashion pursuant to the preceding sentence; provided, however, that no such efforts will be required if the Custodian or its agents or subcustodians are not in actual possession of such securities or property, and provided, further, that, the failure of such efforts to effect the exercise of any such right or power shall not result in liability to the Custodian.
Communications Relating to Fund Investments. Subject to the provisions of Section 2.3, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of domestic investments and expirations of rights in connection therewith and notices of
Communications Relating to Fund Investments. Subject to the provisions of Section 2.4, the Custodian shall transmit promptly to the Fund all written information (including, without limitation, pendency of calls and maturities of U.S. investments and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund) received by the Custodian from issuers of the U.S. investments being held for the Fund. With respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information received by the Custodian from issuers of the U.S. investments whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian by Proper Instructions prior to the deadline established by the Custodian for receipt of such instructions; however, the Custodian will use its best efforts to take such action as promptly as the Fund may request.
Communications Relating to Fund Investments. Subject to the provisions of Section 2.4, the Custodian shall transmit promptly to the Fund all written information (or a synopsis thereof) (including, without limitation, pendency of calls and maturities of U.S. investments and expirations of rights in connection therewith and notices of exercise of call and put options written by the Fund and the maturity of futures contracts purchased or sold by the Fund) received by the Custodian from issuers of the U.S. investments being held for the Fund. With respect to tender or exchange offers, the Custodian shall transmit promptly to the Fund all written information (or a synopsis thereof) received by the Custodian from issuers of the U.S. investments whose tender or exchange is sought and from the party (or his agents) making the tender or exchange offer. If the Fund desires to take action with respect to any tender offer, exchange offer or any other similar transaction, the Fund shall notify the Custodian by Proper Instructions at least three (3) business days prior to the date on which the Custodian is to take action to exercise such right or power. Notwithstanding the foregoing, Custodian agrees to use commercially reasonable efforts to effectuate the exercise of any such tender, exchange or other right or power in connection with such securities or other property held by it as Fund assets even if the Fund has not provided the Custodian with Proper Instructions in a timely fashion pursuant to the preceding sentence; provided, however, that no such efforts will be required if the Custodian or its agents or subcustodians are not in actual possession of such securities or property, and provided, further, that, the failure of such efforts to effect the exercise of any such right or power shall not result in liability to the Custodian.
