Common use of Creation of Security Interest Clause in Contracts

Creation of Security Interest. To secure the due and punctual payment of all liabilities, whether actual or contingent (“Liabilities”), of the Customer to the Custodian now or hereafter arising or incurred under or in connection with this Agreement, the Customer hereby grants to the Custodian a security interest in (i) all of the Customer’s cash, deposit accounts, securities and other investment property, and other assets, whether now existing or hereafter acquired or created, in the possession or under the control of any of the Custodian and its agents, affiliates and subcustodians and (ii) any and all proceeds of any thereof (collectively, the “Collateral”). The Liabilities include, without limitation, (a) the obligations of the Customer to the Custodian in relation to any advance of cash or securities for any purpose; (b) the obligations of the Customer to the Custodian (in its capacity as foreign exchange provider or otherwise) in relation to any spot or forward foreign exchange contracts or any other foreign exchange contract or facility entered into with the Customer; and (c) the obligations of the Customer to reimburse the Custodian for any taxes, interest, charges, expense, assessments, or other liabilities that may be assessed against or imposed on the Custodian under or in connection with this Agreement, except such Liabilities as may arise from the Custodian’s own fraud, negligence or wilful misconduct in the performance of its duties hereunder.

Creation of Security Interest. To secure the due and punctual payment of all liabilities, whether actual or contingent (“Liabilities”), of the Customer a Fund to the Custodian now or hereafter arising or incurred under or in connection with this Agreement, the Customer each Fund hereby grants to the Custodian a security interest in (i) all of the Customersuch Fund’s cash, deposit accounts, securities and other investment property, and other assets, whether now existing or hereafter acquired or created, in the possession or under the control of any of the Custodian and its agents, affiliates and subcustodians and (ii) any and all proceeds of any thereof (collectively, the “Collateral”). The Liabilities include, without limitation, (a) the obligations of the Customer Fund to the Custodian in relation to any advance of cash or securities for any purpose; (b) the obligations of the Customer Fund to the Custodian (in its capacity as foreign exchange provider or otherwise) in relation to any spot or forward foreign exchange contracts or any other foreign exchange contract or facility entered into with the CustomerFund; and (c) the obligations of the Customer Fund to reimburse the Custodian for any taxes, interest, charges, expense, assessments, or other liabilities that may be assessed against or imposed on the Custodian under or in connection with this Agreement, except such Liabilities as may arise from the Custodian’s own fraud, negligence or wilful willful misconduct in the performance of its duties hereunder.

Creation of Security Interest. To secure the due and punctual payment of all actual liabilities, whether actual or contingent (“Liabilities”), of the Customer a Company to the Custodian now or hereafter arising or incurred under or in connection with this Agreement, the Customer Company hereby grants to the Custodian a security interest in (i) all of the CustomerCompany’s cash, cash ,deposit accounts, securities and other investment property, and other assetsassets , whether now existing or hereafter acquired or created, in the possession or under the control of any of the Custodian and its agents, affiliates and subcustodians and (ii) any and all proceeds of any thereof (collectively, the “Collateral”). The Liabilities include, without limitation, (a) the obligations of the Customer Company to the Custodian in relation to any advance of cash or securities for any purpose; (b) the obligations of the Customer Company to the Custodian (in its capacity as foreign exchange provider or otherwise) in relation to any spot or forward foreign exchange contracts or any other foreign exchange contract or facility entered into with the CustomerCompany; and (c) the obligations of the Customer Company to reimburse the Custodian for any taxes, interest, charges, expense, assessments, or other liabilities that may be assessed against or imposed on the Custodian under or in connection with this Agreement, except such Liabilities as may arise from the Custodian’s own fraud, negligence or wilful willful misconduct in the performance of its duties hereunder.

Creation of Security Interest. To secure the due and punctual payment of all liabilities, whether actual or contingent (“Liabilities”), of the Customer a Fund to the Custodian now or hereafter arising or incurred under or in connection with this Agreement, the Customer each Fund hereby grants to the Custodian a security interest in (i) all of the Customersuch Fund’s cash, deposit accounts, securities and other investment property, and other assets, whether now existing or hereafter acquired or created, in the possession or under the control of any of the Custodian and its agents, affiliates and subcustodians and (ii) any and all proceeds of any thereof (collectively, the “Collateral”). The Liabilities include, without limitation, (a) the obligations of the Customer Fund to the Custodian in relation to any advance of cash or securities for any purpose; (b) the obligations of the Customer Fund to the Custodian (in its capacity as foreign exchange provider or otherwise) in relation to any spot or forward foreign exchange contracts or any other foreign exchange contract or facility entered into with the CustomerFund; and (c) the obligations of the Customer Fund to reimburse the Custodian for any taxes, interest, charges, expense, assessments, or other liabilities that may be assessed against or imposed on the Custodian under or in connection with this Agreement, except such Liabilities as may arise from the Custodian’s own fraud, negligence or wilful willful misconduct or the fraud, negligence or willful misconduct of any of its directors, officers, employees or agents, in each case in the performance of its duties hereunder.

Creation of Security Interest. To secure the due and punctual payment of all liabilities, whether actual or contingent (“Liabilities”), of the Customer a Fund to the Custodian now or hereafter arising or incurred under or in connection with this Agreement, the Customer Fund hereby grants to the Custodian a security interest in in: (i) all of the CustomerFund’s cash, deposit accounts, securities and other investment property, and other assets, whether now existing or hereafter acquired or created, in the possession or under the control of any of the Custodian and its agents, affiliates and subcustodians subcustodians; and (ii) any and all proceeds of any thereof (collectively, the “Collateral”). The Liabilities include, without limitation, (a) the obligations of the Customer Fund to the Custodian in relation to any advance of cash or securities for any purpose; (b) the obligations of the Customer Fund to the Custodian (in its capacity as foreign exchange provider or otherwise) in relation to any spot or forward foreign exchange contracts or any other foreign exchange contract or facility entered into with the CustomerFund; and (c) the obligations of the Customer Fund to reimburse the Custodian for any taxes, interest, charges, expense, assessments, or other liabilities that may be assessed against or imposed on the Custodian under or in connection with this Agreement, except such Liabilities as may arise from the Custodian’s own fraudbad faith, negligence or wilful misconduct in the performance of its duties hereunder. Notwithstanding the foregoing, in no event shall the Custodian have any obligation to advance any cash or securities to, or on behalf of, the Fund.