Certain Actions Upon Written Instructions. Upon receipt of a Written Instructions and not otherwise, the Custodian or its agent shall: (a) Execute and deliver to such persons as may be designated in such Written Instructions proxies, consents, authorizations, and any other instruments whereby the authority of the Company as beneficial owner of any Investments may be exercised, subject to the provisions set forth in subsection 6.1.6; (b) Deliver any Investments in exchange for other Investments or Cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege, subject to the provisions set forth in subsection 6.1.7; (c) Deliver any Investments to any protective committee, reorganization committee, or other person in connection with the reorganization, refinancing, merger, consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery, subject to the terms set forth in subsection 6.1.7; (d) Make such transfers or exchanges of the assets of any Fund and take such other steps as shall be stated in the Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the Company, subject to the terms set forth in subsection 6.1.7; and (e) Deliver any Securities held for any Fund to the depository agent for tender or other similar offers, subject to the terms set forth in 6.1.7 below.
Appears in 9 contracts
Sources: Custody Agreement (Bertolet Capital Trust), Custody Agreement (OneAscent Capital Opportunities Fund), Custody Agreement (Neiman Funds)
Certain Actions Upon Written Instructions. Upon receipt of a Written Instructions and not otherwise, the Custodian or its agent shall:
(a) Execute and deliver to such persons as may be designated in such Written Instructions proxies, consents, authorizations, and any other instruments whereby the authority of the Company Fund as beneficial owner of any Investments may be exercised, subject to the provisions set forth in subsection 6.1.6;
(b) Deliver any Investments in exchange for other Investments or Cash issued or paid in connection with the liquidation, reorganization, refinancing, merger, consolidation, or recapitalization of any corporation, or the exercise of any conversion privilege, subject to the provisions set forth in subsection 6.1.7;
(c) Deliver any Investments to any protective committee, reorganization committee, or other person in connection with the reorganization, refinancing, merger, consolidation, recapitalization, or sale of assets of any corporation, and receive and hold under the terms of this Agreement such certificates of deposit, interim receipts or other instruments or documents as may be issued to it to evidence such delivery, subject to the terms set forth in subsection 6.1.7;
(d) Make such transfers or exchanges of the assets of any Fund and take such other steps as shall be stated in the Written Instructions to be for the purpose of effectuating any duly authorized plan of liquidation, reorganization, merger, consolidation or recapitalization of the CompanyFund, subject to the terms set forth in subsection 6.1.7; and
(e) Deliver any Securities held for any Fund to the depository agent for tender or other similar offers, subject to the terms set forth in 6.1.7 below.
Appears in 4 contracts
Sources: Custody Agreement (MSS Series Trust), Custody Agreement (MSS Series Trust), Custody Agreement (Sparrow Funds)