Common use of Actions Permitted without Express Authority Clause in Contracts

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 13 contracts

Sources: Custody Agreement (OFS Capital Corp), Custody Agreement (OFS Credit Company, Inc.), Custody Agreement (BC Partners Lending Corp)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or b▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 9 contracts

Sources: Custody Agreement (VII Peaks Co-Optivist Income Fund), Custody Agreement (Capital Southwest Corp), Custody Agreement (GSV Growth Credit Fund Inc.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b3.6(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 4 contracts

Sources: Custody Agreement (NMF Senior Loan Fund I, Inc.), Custody Agreement (NMF Senior Loan Fund I, Inc.), Custody Agreement (New Mountain Guardian III BDC, L.L.C.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor reasonable and documented expenses of handling securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, except as directed in Proper Instructions, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 3 contracts

Sources: Custody Agreement (First Eagle Private Credit Fund), Custody Agreement (Antares Strategic Credit Fund II LLC), Custody Agreement (Antares Strategic Credit Fund)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 3 contracts

Sources: Custody Agreement (Nuveen Churchill Private Credit Fund), Custody Agreement (Nuveen Churchill BDC V), Custody Agreement (Nuveen Churchill BDC V)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b3.6(b), or to make payments to itself or others for minor expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 2 contracts

Sources: Custody Agreement (MSD Investment Corp.), Custody Agreement (Nuveen Churchill BDC INC.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 2 contracts

Sources: Custody Agreement (5C Lending Partners Corp.), Custody Agreement (5C Lending Partners Corp.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or b▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company. To the extent either party is aware of a potential dispute related to such payments pursuant to the Agreement, the parties will work together in good faith to resolve such dispute; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 2 contracts

Sources: Custody Agreement (CION Investment Corp), Custody Agreement (CION Investment Corp)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 2 contracts

Sources: Custody Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Custody Agreement (Suro Capital Corp.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b3.10(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (New Mountain Guardian III BDC, L.L.C.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor reasonable and documented expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, except as directed in Proper Instructions, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Remora Capital Corp)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or b▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Monroe Capital Income Plus Corp)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b3.6(b), or to make payments to itself or others for minor expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or b▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (CIM Real Assets & Credit Fund)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b)3.9, or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Silver Point Specialty Lending Fund)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Suro Capital Corp.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities or other similar items relating to its duties under this Agreement; provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary non-discretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (OFS Credit Company, Inc.)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Nuveen Churchill Private Capital Income Fund)

Actions Permitted without Express Authority. The Custodian may, at its discretion, without express authority from the Company: (a) make payments to itself as described in or pursuant to Section 3.9(b), or to make payments to itself or others for minor reasonable and documented expenses of handling securities Securities or other similar items relating to its duties under this Agreement; , provided that (i) the Custodian shall have first invoiced or billed the Company for such amounts and the Company shall have failed to pay and/or dispute such amounts within thirty (30) days after the date of such invoice or ▇▇▇▇bill, and (ii) all such payments shall be regularly accounted for to the Company; (b) surrender Securities in temporary form for Securities in definitive form; (c) endorse for collection cheques, drafts and other negotiable instruments; and (d) in general general, except as otherwise directed in Proper Instructions, attend to all nondiscretionary details in connection with the sale, exchange, substitution, purchase, transfer and other dealings with the securities Securities and property of the Company.

Appears in 1 contract

Sources: Custody Agreement (Fortress Private Lending Fund)