Contracts With Eligible Foreign Sample Clauses
The "Contracts With Eligible Foreign" clause defines the conditions under which a party may enter into agreements with foreign entities that meet specific eligibility criteria. Typically, this clause outlines what constitutes an eligible foreign party, such as compliance with certain legal, regulatory, or security standards, and may require documentation or certification to prove eligibility. Its core practical function is to ensure that contractual relationships with foreign entities are conducted only with those that meet established standards, thereby managing legal compliance and mitigating risks associated with international transactions.
Contracts With Eligible Foreign. Custodians For each Eligible Foreign Custodian selected by the Foreign Custody Manager, the Foreign Custody Manager shall (or, in the case of a Securities Depository which is not a Mandatory Securities Depository, may under the rules or established practices or procedures of the Securities Depository) enter into a written contract governing the Fund's foreign custody arrangements with the Eligible Foreign Custodian. The Foreign Custody Manager shall determine that each contract will provide reasonable care for the Foreign Assets held by that Eligible Foreign Custodian based on the standards specified in paragraph 1 of subsection D of Article 3 of this Agreement. Each contract shall include provisions that provide:
(i) for indemnification or insurance arrangements (or any combination of the foregoing) so that the Fund will be adequately protected against the risk of loss of the Foreign Assets held in accordance with the contract;
(ii) that the Foreign Assets will not be subject to any right, security interest, lien or claim of any kind in favor of the Eligible Foreign Custodian or its creditors except a claim of payment for their safe custody or administration or, in the case of cash deposits, liens or rights in favor of creditors of the Eligible Foreign Custodian arising under bankruptcy, insolvency or similar laws;
(iii) that beneficial ownership of the Foreign Assets will be freely transferable without the payment of money or value other than for safe custody or administration;
(iv) that adequate records will be maintained identifying the Foreign Assets as belonging to the Fund or as being held by a third party for the benefit of the Fund;
(v) that the Fund's independent public accountants will be given access to those records or confirmation of the contents of those records; and
(vi) that the Fund will receive periodic reports with respect to the safekeeping of the Foreign Assets, including, but not limited to, notification of any transfer of the Foreign Assets to or from the Fund's account or a third party account containing the Foreign Assets held for the benefit of the Fund, or, in lieu of any or all of the provisions set forth in (i) through (vi) above, such other provisions that the Foreign Custody Manager determines will provide, in their entirety, the same or greater level of care and protection for the Foreign Assets as the provisions set forth in (i) through (vi) above in their entirety.