Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate regulations, or any provision of the Trust’s Declaration of Trust or By-laws, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or
Appears in 2 contracts
Sources: Custodian Contract (Goldman Sachs MLP & Energy Renaissance Fund), Custodian Contract (Goldman Sachs MLP Income Opportunities Fund)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Sources: Custodian Contract (Us Treasury Reserves Portfolio), Custodian Contract (Tax Free Reserves Portfolio)
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian The Chase Manhattan Bank shall not with respect to a Fund act under Section 2.10 8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities Depository or Book Entry System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of such Securities Depository and/or Book Entry System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper Systemamended; provided further, however, that the Trust Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian The Chase Manhattan Bank by giving notice as described above to The Chase Manhattan Bank, or (ii) immediately terminate this Agreement in the Custodianevent of the appointment of a conservator or receiver for The Chase Manhattan Bank by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, orthe Fund shall pay to The Chase Manhattan Bank such compensation as may be due as of the date of such termination and shall likewise reimburse The Chase Manhattan Bank for its costs, expenses and disbursements.
Appears in 2 contracts
Sources: Custody Agreement (Nuveen Investment Trust Iv), Custody Agreement (Nuveen Investment Trust Ii)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.1OA hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Sources: Custodian Contract (Prudential Multi Sector Fund Inc), Custodian Contract (Prudential Small Cap Quantitative Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of -30- 32 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust, and further further, provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 2 contracts
Sources: Custodian Contract (Target Funds), Custodian Contract (Target Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, (a) that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, (b) that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as the date of such termination and shall likewise reimburse the Custodian for its costs, expenses, and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as as, amended and that the Custodian shall not with respect to a Fund a, Portfolio act under Section 2.10A 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use ,of the Direct Paper System by such Fund Portfolio and the receipt of an ;annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Agreement (Variable Investors Series Trust /Ma/)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto hereto, and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepaid, to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Trust on behalf of each applicable Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Harris Associates Investment Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has Fund have approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of the Direct Paper System; provided provided, further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid prepared to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has have approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, (a) that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, (b) that the Trust on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodia n for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has Fund have approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.12.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.” Except as otherwise expressly amended and modified herein, the provisions of the Custodian Contract shall remain in full force and effect.
Appears in 1 contract
Sources: Custodian Contract (Harbor Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Trustees, (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (One Group)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, (b) that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a the Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with with
I: dsfndlgl\stb\port\amend6.txt respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, that the Custodian shall not with respect to a Fund act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-laws, and further provided, (b) that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Managers (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Money Market Variable Account /Ma/)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual written agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, that the Custodian shall not with respect to a Fund act under Section 2.10 K of Article II hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper Systemamended; provided provide further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsFund's governing documents, and provided further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (iI) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses, and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the CustodianUpon termination of the Contract, orthe Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements." Except as otherwise expressly amended and modified herein, the provisions of the Custodian Contract shall remain in full force and effect.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.l0A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Managers has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsLimited Liability Company Agreement, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Managers (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Fortress Brookdale Investment Fund LLC)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as an required in each case by Rule 17f-4 under the Investment Company Act of 1940, as an amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.10.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as an described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Acm Government Income Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i1) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of to the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, that the Custodian shall not with respect to a Fund act under Section 2.10 II.L. hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A II.L.1 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency, the Federal Deposit Insurance Corporation or the Commissioner of Banks for the Commonwealth of Massachusetts or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended amended, and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust; and further, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Prudential High Yield Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party the Fund by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing and by the Custodian by an instrument in writing delivered or mailed postage prepaid to the other party, such termination to take effect not sooner than one hundred twenty (120) days after the date of each delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-laws, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination. Should the Fund exercise its right to terminate, all reasonable out-of-pocket expenses associated with the movement of records and material will be borne by the Fund on behalf of the applicable Portfolio(s). Should the Custodian exercise its right to terminate, all reasonable out-of-pocket expenses associated with the movement of records and materials will be borne by the Custodian.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Trustees
(i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, or
(ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt 30 of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has Fund have approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.10.A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board Trustees of Trustees has the Fund have approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Master Trust or By-lawsAgreement, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements."
Appears in 1 contract
Sources: Custodian Contract (State Street Research Money Market Trust)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 ~.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule Rules 17f-4 and 17f-5 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.1OA hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Blackrock Insured Municipal Term Trust Inc)
Effective Period, Termination and Amendment. 14.1 This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
14.2 Termination of this Contract with respect to any given Portfolio shall in no way affect the continued validity of this Contract or the performance thereunder with respect to any other Portfolio.
Appears in 1 contract
Sources: Custodian Contract (Baillie Gifford International Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has have reviewed the use by such Fund the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper Systemamended; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s its Agreement and Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its execution, execution and shall continue in full force and effect until terminated as hereinafter provided, . The parties may be amended mutually agree to amend this Agreement at any time by mutual agreement of the parties hereto and time. Either party may be terminated by either party terminate this Agreement by an instrument in writing delivered or mailed, postage prepaid to the other party, such the termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, that the Custodian First Union shall not with respect to a Fund act under Section 2.10 hereof Paragraph 7 in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors or Trustees of the Trust Fund has approved the initial use of a particular Securities Depository or Book-Entry System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors or Trustees has reviewed the Fund's use by such Fund of such the Securities Depository and/or Book-Entry System, as required in each case by Rule 17f-4 under the Investment Company 1940 Act of 1940requires, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation or Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors or Trustees (i) substitute another bank or trust company for the Custodian First Union by giving notice as described above to First Union or (ii) immediately terminate this Agreement in the Custodianevent the Comptroller of the Currency appoints a conservator or receiver for First Union or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Agreement, orthe Fund shall pay to First Union all compensation as may be due as of the date of termination and shall likewise reimburse First Union for its reasonable costs, expenses and disbursements in connection with such termination and transfer of the Fund's Property to a successor custodian.
Appears in 1 contract
Sources: Global Custody Agreement (Nottingham Investment Trust Ii)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall Shall not with respect to a Fund Portfolio act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 l7f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.11A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees -32- Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, as amended, of the Fund, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Permanent Portfolio Family of Funds Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its executionexecu- tion, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate certifi- cate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section Sec- tion 2.10A hereof in the absence of receipt of an initial certificate cer- tificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention contraven- tion of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further providedpro- vided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute substi- tute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the di- rection of an appropriate regulatory agency or court of compe- tent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, ex- penses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Sbi Fund Inc)
Effective Period, Termination and Amendment. 14.1 This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
14.2 Termination of this Contract with respect to any given Portfolio shall in no way affect the continued validity of this Contract or the performance thereunder with respect to any other Portfolio.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has Fund llas approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust neither party shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state -39- 43 regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Trustee has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate regulations, or any provision of the Trust’s Declaration of Trust or By-laws, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, orthis
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered 32 or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its 33 costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 l7f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction; Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however, that the Custodian shall not with respect to a Fund act under Section 2.10 2.8 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.9 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its reasonable out of pocket, costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. 14.1. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
14.2. Termination of this Contract with respect to any given Portfolio shall in no way affect the continued validity of this Contract or the performance thereunder with respect to any other Portfolio.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.11 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has have approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.11A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved approced the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund the Trust of the Direct Paper System; provided further, however, that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, (b) that the Trust on behalf of one or more of the Funds may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the CustodianCustodian or (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, orthe Trust shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust has have approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, (a) that the Trust shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, (b) that the Trust on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent Jurisdiction. Upon termination of the Contract, the Trust on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Landmark Tax Free Income Funds)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, orby
Appears in 1 contract
Sources: Custodian Contract (Warburg Pincus Japan Otc Fund Inc)
Effective Period, Termination and Amendment. This Contract Agreement shall become effective as of its executionMay 19, 1997, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Directors/Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract Agreement in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Articles of Incorporation/Declaration of Trust or By-lawsTrust, and further further, provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Directors/Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Agreement in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. C-41 Upon termination of the Agreement, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial Initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision provision. of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at at-any time by action of its Board of Trustees Directors (iI) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of 'the Contract, the Fund on behalf of each applicable Portfolio shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Alliance Municipal Income Fund Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian _________________ shall not with respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Blackrock Investment Quality Municipal Trust Inc)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with -38- 42 respect to a Fund Portfolio act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular Securities System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Portfolio act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Portfolio and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed the use by such Fund Portfolio of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Portfolios may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction.
Appears in 1 contract
Sources: Custodian Contract (American General Series Portfolio Co /Tx)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty (30) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a the Fund act under Section 2.10 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with with
I: dsfndlgl\usfi\port\amend6.txt respect to a Fund act under Section 2.10A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual written agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty sixty (3060) days after the date of such delivery or mailing; provided, howeverthat at the Fund's request such termination may be postponed for an additional thirty (30) days if necessary to permit the Fund to obtain the services of a successor custodian, and provided further, however that the Custodian shall not with respect to a Fund Series act under Section 2.10 2.13 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors of the Trust Fund has approved the initial use of a particular U.S. Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such Fund of such Securities SystemSeries, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund Series act under Section 2.10A 2.14 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has approved the initial use of the Direct Paper System by such Fund Series and that the Custodian shall not, with respect to a Series, act under Article 3 to appoint a Foreign Sub- custodian or make any deposit of securities of a Series in any Foreign Securities System in the absence of receipt of an annual initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees Directors has reviewed approved the initial use of such Foreign Sub-custodian or Foreign Securities System by such Fund of the Direct Paper SystemSeries; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration Articles of Trust or By-lawsIncorporation, and further provided, that the Trust Fund on behalf of one or more of the Funds Series may at any time by action of its Board of Trustees Directors (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund on behalf of each applicable Series shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract
Sources: Custodian Contract (Countrybasket Index Fund Inc /Ny/)
Effective Period, Termination and Amendment. This Contract shall become effective as of its execution, shall continue in full force and effect until terminated as hereinafter provided, may be amended at any time by mutual agreement of the parties hereto and may be terminated by either party by an instrument in writing delivered or mailed, postage prepaid to the other party, such termination to take effect not sooner than thirty ninety (3090) days after the date of such delivery or mailing; provided, however, however that the Custodian shall not with respect to a Fund act under Section 2.10 2.12 hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees of the Trust Fund has approved the initial use of a particular Securities System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of such Securities System, as required in each case by Rule 17f-4 under the Investment Company Act of 1940, as amended and that the Custodian shall not with respect to a Fund act under Section 2.10A 2.12A hereof in the absence of receipt of an initial certificate of the Secretary or an Assistant Secretary that the Board of Trustees has approved the initial use of the Direct Paper System by such Fund and the receipt of an annual certificate of the Secretary or an Assistant Secretary that the Board of Trustees has reviewed the use by such the Fund of the Direct Paper System; provided further, however, that the Trust Fund shall not amend or terminate this Contract in contravention of any applicable federal or estate state regulations, or any provision of the Trust’s Declaration of Trust or By-lawsTrust, and further provided, that the Trust on behalf of one or more of the Funds Fund may at any time by action of its Board of Trustees (i) substitute another bank or trust company for the Custodian by giving notice as described above to the Custodian, oror (ii) immediately terminate this Contract in the event of the appointment of a conservator or receiver for the Custodian by the Comptroller of the Currency or upon the happening of a like event at the direction of an appropriate regulatory agency or court of competent jurisdiction. Upon termination of the Contract, the Fund shall pay to the Custodian such compensation as may be due as of the date of such termination and shall likewise reimburse the Custodian for its costs, expenses and disbursements.
Appears in 1 contract