Common use of Employment of Custodian and Property to be Held Clause in Contracts

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby appoints and employs the Bank as its Custodian and Agent in accordance with and subject to the provisions hereof, and the Bank hereby accepts such appointment and employment. The Fund agrees to deliver to the Custodian all securities, participation interests, cash and other assets owned by it, and all payments of income, payments of principal and capital distributions and adjustments received by it with respect to all securities and participation interests owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held by the Fund and not delivered by the Fund to the Custodian. The Fund will also deliver to the Bank from time to time copies of its currently effective charter (or declaration of trust or partnership agreement, as the case may be), by-laws, prospectus, statement of additional information and distribution agreement with its principal underwriter, together with such resolutions, votes and other proceedings of the Fund as may be necessary for or convenient to the Bank in the performance of its duties hereunder. The Custodian may from time to time employ one or more subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time by the Board. Any such subcustodian so employed by the Custodian shall be deemed to be the agent of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and the foreign custody arrangements shall be approved by the Board and shall be in accordance with and subject to the provisions of said Rule. For the purposes of this Agreement, any property of the Fund held by any such subcustodian (domestic or foreign) shall be deemed to be held by the Custodian under the terms of this Agreement.

Appears in 3 contracts

Samples: Custodian Agreement (Freedom Investment Trust Iii), Custodian Agreement (Hancock John Tax Exempt Series Fund), Master Custodian Agreement (Hancock John Declaration Trust)

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Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Each Fund hereby appoints and employs the Bank Custodian as its Custodian and Agent a custodian of assets of the Portfolios, including securities which the Fund, on behalf of the applicable Portfolio, desires to be held in accordance with and subject to places within the provisions hereof, and the Bank hereby accepts such appointment and employment. The Fund agrees to deliver to the Custodian all securities, participation interests, cash and other assets owned by it, and all payments of income, payments of principal and capital distributions and adjustments received by it with respect to all securities and participation interests owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares United States ("Sharesdomestic securities") of and securities it desires to be held outside the Fund as may be issued or sold from time to timeUnited States ("foreign securities"). The Custodian shall not be responsible for any property of the Fund a Portfolio which is not received by it or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 7 hereof) including, without limitation, Portfolio property (i) held by brokers, private bankers or other entities on behalf of the Fund Portfolio (each a "Local Agent"), (ii) held by Special Sub-Custodians (as such term is defined in Section 5 hereof), (iii) held by entities which have advanced monies to or on behalf of the Portfolio and not which have received Portfolio property as security for such advance(s) (each a "Pledgee"), or (iv) delivered by or otherwise removed from the Fund custody of the Custodian (a) in connection with any Free Trade (as such term is hereinafter defined) or (b) pursuant to Special Instructions (as such term is defined in Section 7 hereof). With respect to uncertificated shares (the "Underlying Shares") of registered "investment companies" (as defined in Section 3(a)(1) of the Investment Company Act of 1940, as amended (the "1940 Act")), whether in the same "group of investment companies" (as defined in Section 12(d)(1)(G)(ii) of the 0000 Xxx) or otherwise, including pursuant to Section 12(d)(1)(F) of the 1940 Act (hereinafter sometimes referred to as the "Underlying Portfolios") the holding of confirmation statements that identify the shares as being recorded in the Custodian. The Fund will also deliver to the Bank from time to time copies of its currently effective charter (or declaration of trust or partnership agreement, as the case may be), by-laws, prospectus, statement of additional information and distribution agreement with its principal underwriter, together with such resolutions, votes and other proceedings 's name on behalf of the Fund as may Portfolios will be necessary deemed custody for or convenient to purposes hereof. Upon receipt of Proper Instructions, the Bank in Custodian shall on behalf of the performance of its duties hereunder. The Custodian may applicable Portfolio(s) from time to time employ one or more subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Trustees or the Board of Directors of the Fund (as appropriate, and in each case, the "Board. Any such subcustodian so employed by ") on behalf of the applicable Portfolio(s), and provided that the Custodian shall be deemed have no more or less responsibility or liability to be any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the agent Custodian. The Custodian may employ as sub-custodian for each Fund's foreign securities on behalf of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and applicable Portfolio(s) the foreign custody arrangements shall be approved by the Board banking institutions and shall be foreign securities depositories designated in Schedules A and B hereto, but only in accordance with and subject to the applicable provisions of said Rule. For the purposes of this Agreement, any property of the Fund held by any such subcustodian (domestic or foreign) shall be deemed to be held by the Custodian under the terms of this AgreementSections 3 and 4 hereof.

Appears in 2 contracts

Samples: Master Custodian Agreement (Smith Barney Concert Series Inc), Master Custodian Agreement (Smith Barney Money Funds Inc)

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Each Fund hereby appoints and employs the Bank Custodian as its Custodian the custodian of the assets of the Portfolios of the Fund, including securities which the Fund, on behalf of the applicable Portfolio desires to be held in places within the United States ("domestic securities") and Agent in accordance with and subject securities it desires to be held outside the United States ("foreign securities") pursuant to the provisions hereofof the Fund's articles of incorporation, agreement and declaration of trust, by-laws and/or registration statement (as applicable, the Bank hereby accepts such appointment and employment"Governing Documents"). The Each Fund on behalf of its Portfolio(s) agrees to deliver to the Custodian all securities, participation interests, securities and cash and other assets owned by itof such Portfolios, and all payments of income, payments of principal and or capital distributions and adjustments received by it with respect to all securities and participation interests owned by the Fund such Portfolio(s) from time to time, and the cash consideration received by it for such new or treasury shares of capital stock or beneficial interest of each Fund representing interests in the Portfolios, ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund a Portfolio held or received by the Fund Portfolio and not delivered by the Fund to the Custodian. The Fund will also deliver to Upon receipt of "Proper Instructions" (within the Bank from time to time copies meaning of its currently effective charter (or declaration of trust or partnership agreement, as the case may beArticle 5), by-laws, prospectus, statement of additional information and distribution agreement with its principal underwriter, together with such resolutions, votes and other proceedings the Custodian shall on behalf of the Fund as may be necessary for or convenient to the Bank in the performance of its duties hereunder. The Custodian may applicable Portfolio(s) from time to time employ one or more subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time sub-custodians, located in the United States but only in accordance with an applicable vote by the Board of Directors or the Board of Trustees of the applicable Fund on behalf of the applicable Portfolio(s) (as appropriate and in each case, the "Board. Any such subcustodian so employed by "), and provided that the Custodian shall be deemed have no more or less responsibility or liability to be the agent 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 employ as sub-custodian for each Fund's foreign securities on behalf of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and applicable Portfolio(s) the foreign custody arrangements shall be approved by the Board banking institutions and shall be foreign securities depositories designated in Schedule A hereto but only in accordance with and subject to the applicable provisions of said Rule. For the purposes of this Agreement, any property of the Fund held by any such subcustodian (domestic or foreign) shall be deemed to be held by the Custodian under the terms of this AgreementArticle 3.

Appears in 2 contracts

Samples: Master Custodian Contract (Aim Select Real Estate Income Fund), Master Custodian Contract (AIM Core Allocation Portfolio Series)

Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Fund hereby appoints and employs the Bank as its the Portfolios' Custodian and Agent in accordance with and subject to the provisions hereof, and the Bank hereby accepts such appointment and employment. The Fund agrees to deliver to the Custodian all securities, participation interests, cash and other assets owned by it, and all payments of income, payments of principal and capital distributions and adjustments received by it with respect to all securities and participation interests owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares ("Shares") of the Fund as may be issued or sold from time to time. The Custodian shall not be responsible for any property of the Fund held by the Fund and not delivered by the Fund to the Custodian. The Fund will also deliver to the Bank from time to time copies of its currently effective charter (or declaration of trust or partnership agreement, as the case may be), by-lawsByLaws, prospectus, statement of additional information information, and distribution agreement with its principal underwriter, together with such resolutions, votes votes, and other proceedings of the Fund as may be necessary for or convenient to the Bank in the performance of its duties hereunder. The Custodian may from time to time employ one or more subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time by the Board. Any such subcustodian so employed by the Custodian shall be deemed to be the agent of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys moneys, and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and the foreign custody arrangements shall be approved by the Board and shall be in accordance with and subject to the provisions of said Rule. For the purposes of this Agreement, any property of the Fund held by any such subcustodian (domestic or foreign) shall be deemed to be held by the Custodian under the terms of this Agreement.

Appears in 1 contract

Samples: Custodian Agreement (Hancock John Variable Series Trust I)

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Employment of Custodian and Property to be Held. by It ----------------------------------------------------- The Each Fund hereby appoints and employs the Bank Custodian as its Custodian and Agent a custodian of assets of the Portfolios, including securities which the Fund, on behalf of the applicable Portfolio, desires to be held in accordance with and subject to places within the provisions hereof, and the Bank hereby accepts such appointment and employment. The Fund agrees to deliver to the Custodian all securities, participation interests, cash and other assets owned by it, and all payments of income, payments of principal and capital distributions and adjustments received by it with respect to all securities and participation interests owned by the Fund from time to time, and the cash consideration received by it for such new or treasury shares United States ("Sharesdomestic securities") of and securities it desires to be held outside the Fund as may be issued or sold from time to timeUnited States ("foreign securities"). The Custodian shall not be responsible for any property of the Fund a Portfolio which is not received by it or which is delivered out in accordance with Proper Instructions (as such term is defined in Section 7 hereof) including, without limitation, Portfolio property (i) held by brokers, private bankers or other entities on behalf of the Fund Portfolio (each a "Local Agent"), (ii) held by Special Sub-Custodians (as such term is defined in Section 5 hereof), (iii) held by entities which have advanced monies to or on behalf of the Portfolio and not which have received Portfolio property as security for such advance(s) (each a "Pledgee"), or (iv) delivered by or otherwise removed from the Fund custody of the Custodian (a) in connection with any Free Trade (as such term is hereinafter defined) or (b) pursuant to Special Instructions (as such term is defined in Section 7 hereof). With respect to uncertificated shares (the "Underlying Shares") of registered "investment companies" (as defined in Section 3(a)(1) of the Investment Company Act of 1940, as amended (the "1940 Act")), whether in the same "group of investment companies" (as defined in Section 12(d)(1)(G)(ii) of the 1940 Act) or otherwise, including pursuant to Section 12(d)(1)(F) of xxx 0000 Act (hereinafter sometimes referred to as the "Underlying Portfolios") the holding of confirmation statements that identify the shares as being recorded in the Custodian. The Fund will also deliver to the Bank from time to time copies of its currently effective charter (or declaration of trust or partnership agreement, as the case may be), by-laws, prospectus, statement of additional information and distribution agreement with its principal underwriter, together with such resolutions, votes and other proceedings 's name on behalf of the Fund as may Portfolios will be necessary deemed custody for or convenient to purposes hereof. Upon receipt of Proper Instructions, the Bank in Custodian shall on behalf of the performance of its duties hereunder. The Custodian may applicable Portfolio(s) from time to time employ one or more subcustodians to perform such acts and services upon such terms and conditions as shall be approved from time to time sub-custodians located in the United States, but only in accordance with an applicable vote by the Board of Trustees or the Board of Directors of the Fund (as appropriate, and in each case, the "Board. Any such subcustodian so employed by ") on behalf of the applicable Portfolio(s), and provided that the Custodian shall be deemed have no more or less responsibility or liability to be any Fund on account of any actions or omissions of any sub-custodian so employed than any such sub-custodian has to the agent Custodian. The Custodian may employ as sub-custodian for each Fund's foreign securities on behalf of the Custodian, and the Custodian shall remain primarily responsible for the securities, participation interests, moneys and other property of the Fund held by such subcustodian. Any foreign subcustodian shall be a bank or trust company which is an eligible foreign custodian within the meaning of Rule 17f-5 under the Investment Company Act of 1940, and applicable Portfolio(s) the foreign custody arrangements shall be approved by the Board banking institutions and shall be foreign securities depositories designated in Schedules A and B hereto, but only in accordance with and subject to the applicable provisions of said Rule. For the purposes of this Agreement, any property of the Fund held by any such subcustodian (domestic or foreign) shall be deemed to be held by the Custodian under the terms of this AgreementSections 3 and 4 hereof.

Appears in 1 contract

Samples: Master Custodian Agreement (Salomon Brothers Capital & Income Fund Inc)

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