FINANCIAL INSTRUMENTS ACCOUNTS Sample Clauses

FINANCIAL INSTRUMENTS ACCOUNTS. 6.1 The Title Holder and the Manager shall ensure that the Depositary is at all times provided with all relevant information regarding the Financial Instruments Accounts and procure that the Depositary shall at least be promptly informed as from its appointment and thereafter of: (a) all existing Financial Instruments Accounts opened in the name of the Title Holder in respect of the Fund, with a copy of all accounts opening forms and a copy of all cash statements with its business explanation; and (b) any new Financial Instruments Account opened by the Manager or the Title Holder. 6.2 Any and all Financial Instruments of the Fund shall be recorded in the Financial Instruments Account(s) in accordance with the Law and as further specified with due observance of the Law in the Custody Agreement. 6.3 The Depositary will compare Fund accounting records with the Depositary’s record of assets for which the Depositary is satisfied of the ownership of the Fund. To enable the Depositary to perform this reconciliation the Manager will ensure that all instructions and relevant information relating to the Fund’s assets are sent to Depositary. If an anomaly is detected, the Depositary will notify the Manager and if required the AFM, if the entry cannot be rectified or explained. Notification of the AFM shall take place in accordance with the Escalation Procedure.
FINANCIAL INSTRUMENTS ACCOUNTS. Oversight Duties Article 8 Duties of the Manager Article 9 General
FINANCIAL INSTRUMENTS ACCOUNTS. 6.1 The Legal Title Holder shall ensure that Darwin is at all times provided with all relevant information regarding the Financial Instruments Accounts and procure that Darwin shall at least be promptly informed as from its appointment and thereafter of: a) all existing Financial Instruments Accounts opened in the name of the Legal Title Holder, with a copy of all accounts opening forms and a copy of all cash statements with its business explanation; b) any new Financial Instruments Account by the Legal Title Holder or by the Manager; c) any Financial Instruments Account opened with a third party, directly by those parties and the reason why such account has been opened with such third party. 6.2 Subject to the Custodian Agreement, any and all Financial Instruments of the Fund shall be recorded in the Financial Instruments Account(s). 6.3 Darwin will compare Fund accounting records with Darwin's record of assets for which Darwin is satisfied of the ownership of the Fund. To enable Darwin to perform this reconciliation the Manager and the Legal Title Holder will ensure that all instructions and relevant information relating to the Fund’s assets are sent to Darwin. If an anomaly is detected, Darwin will notify the Manager and if necessary the relevant the AFM if the entry cannot be rectified or explained. Notification of the AFM shall take place in accordance with the Escalation Procedure.

Related to FINANCIAL INSTRUMENTS ACCOUNTS

  • Financial Instruments Not applicable

  • Financial Accounts Exhibit E, as may be updated by the Borrower in a written notice provided to Agent after the Closing Date, is a true, correct and complete list of (a) all banks and other financial institutions at which Borrower or any Subsidiary maintains Deposit Accounts and (b) all institutions at which Borrower or any Subsidiary maintains an account holding Investment Property, and such exhibit correctly identifies the name, address and telephone number of each bank or other institution, the name in which the account is held, a description of the purpose of the account, and the complete account number therefor.

  • FINANCIAL INSTITUTION’S LIABILITY Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Management Accounts To the extent that it owns any Management Account (including any lock-box related thereto), each Guarantor shall comply with Section 5.1 of the Base Indenture with respect to each such Management Account (including any lock-box related thereto).

  • Investment of Account Assets a. All contributions to the custodial account shall be invested in the shares of the ▇▇▇▇▇▇▇▇ Funds or, if available, any other series of ▇▇▇▇▇▇▇▇ Funds or other regulated investment companies for which ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Capital Management serves as Investment Advisor or designates as being eligible for investment. Shares of stock of an Investment Company shall be referred to as “Investment Company Shares”. To the extent that two or more funds are available for investment, contributions shall be invested in accordance with the depositor’s investment election. b. Each contribution to the custodial account shall identify the depositor’s account number and be accompanied by a signed statement directing the investment of that contribution. The Custodian may return to the depositor, without liability for interest thereon, any contribution which is not accompanied by adequate account identification or an appropriate signed statement directing investment of that contribution. c. Contributions shall be invested in whole and fractional Investment Company Shares at the price and in the manner such shares are offered to the public. All distributions received on Investment Company Shares held in the custodial account shall be reinvested in like shares. If any distribution of Investment Company Shares may be received in additional like shares or in cash or other property, the Custodian shall elect to receive such distribution in additional like Investment Company Shares. d. All Investment Company Shares acquired by the Custodian shall be registered in the name of the Custodian or its nominee. The depositor shall be the beneficial owner of all Investment Company Shares held in the custodial account. e. The Custodian agrees to forward to the depositor each prospectus, report, notice, proxy and related proxy soliciting materials applicable to Investment Company Shares held in the custodial account received by the Custodian. By establishing or having established the custodial account, the depositor affirmatively directs the Custodian to vote any Investment Company Shares held on the applicable record date that have not been voted by the depositor prior to a shareholder meeting for which prior notice has been given. The Custodian shall vote with the management of the Investment Company on each proposal that the Investment Company’s Board of Directors has approved unanimously. If the Investment Company’s Board of Directors has not approved a proposal unanimously, the Custodian shall vote in proportion to all shares voted by the Investment Company’s shareholders. f. The depositor may, at any time, by written notice to the Custodian, redeem any number of shares held in the custodial account and reinvest the proceeds in the shares of any other Investment Company. Such redemptions and reinvestments shall be done at the price and in the manner such shares are then being redeemed or offered by the respective Investment Companies.