Interim Subcustodians. Notwithstanding the foregoing, in the event that a Fund shall invest in a security or other Asset to be held in a country in which the Approved Foreign Custody Manager has not appointed a Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission or in such other manner as the Fund and Custodian shall agree in writing of the unavailability of an approved Foreign Subcustodian in such country; and upon the receipt of Special Instructions, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, appoint or approve any Person (as hereinafter defined) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between the Custodian and the Interim Subcustodian shall comply with the provisions of the 1940 Act and the rules and regulations thereunder (including Rule l?f-5, if applicable) and the terms and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof with respect to the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians pursuant to this Section 5(b)(2) is herein referred to as an "Interim Subcustodian.")
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Interim Subcustodians. Notwithstanding the foregoing, in the event that a Fund shall invest in a security or other Asset to be held in a country in which the Approved Foreign Custody Manager has not appointed a Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission or in such other manner as the Fund and Custodian shall agree in writing of the unavailability of an approved Foreign Subcustodian in such country; and upon the receipt of Special Instructions, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, appoint or approve any Person (as hereinafter defined) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between the Custodian and the Interim Subcustodian shall comply with the provisions of the 1940 Act and the rules and regulations thereunder (including Rule l?f-517f-5, if applicable) and the terms and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof with respect to the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians sub-subcustodian pursuant to this Section 5(b)(2) is herein hereinafter referred to as an "Interim Subcustodian.")
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Interim Subcustodians. Notwithstanding the foregoing, in the event that a Fund shall invest in a security or other Asset to be held in a country in which the Approved Foreign Custody Manager has not appointed a Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission or in such other manner as the Fund and Custodian shall agree in writing of the unavailability of an approved Foreign Subcustodian in such country; and upon the receipt of Special Instructions, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, appoint or approve any Person (as hereinafter defined) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between the Custodian and the Interim Subcustodian shall comply with the provisions of the th e 1940 Act and the rules and regulations thereunder (including Rule l?f-517f-5, if applicable) and the terms and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof with respect to the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians sub-subcustodian pursuant to this Section 5(b)(2) is herein referred to as an "Interim Subcustodian.")
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Interim Subcustodians. Notwithstanding the foregoing, in the event that a Fund shall invest in a security or other Asset to be held in a country in which the Approved Foreign Custody Manager has not appointed a Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission or in such other manner as the Fund and Custodian shall agree in writing of the unavailability of an approved Foreign Subcustodian in such country; and upon the receipt of Special Instructions, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, appoint or approve any Person (as hereinafter defined) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between the Custodian and the Interim Subcustodian shall comply with the provisions of the 1940 Act and the rules and regulations thereunder (including Rule l?f-517f-5, if applicable) and the terms and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof with respect to the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians sub-subcustodian pursuant to this Section 5(b)(2) is herein referred to as an "Interim Subcustodian.") In the event that the Approved Foreign Custody Manager or its delegate reasonably determines that such Person will not provide delegation services (i) in a country in which a Fund has directed that the Fund shall invest in a security or other Asset or (ii) with respect to a specific Foreign Subcustodian which the Fund has directed be used, the Approved Foreign Custody Manager or the Custodian (or the Domestic Subcustodian), as applicable, shall be entitled to rely on any such instruction provided pursuant to Section 5(b)(2) as a Special Instruction and shall have no duties or liabilities under this Agreement with respect to such arrangement save those that it may undertake specifically in writing with respect to each particular instance; provided that the Delegation Agreement and this Agreement shall not constitute the Approved Foreign Custody Manager or the Custodian (or the Domestic Subcustodian), as the exclusive delegate of the Fund for purposes of Rule 17f-5 and, particularly where such Person does not agree to provide fully the services under this Agreement and the Delegation Agreement to the Fund with respect to a particular country or specific Foreign Subcustodian, the Fund may delegate such services to another delegate pursuant to Rule 17f-5. The Agreement is further amended by renumbering Subsections 5(d) and 5(e) as 5(c) and 5(d), respectively. The Agreement is further amended by deleting the paragraph in Subsection 5(f), renumbering the Subsection as Subsection 5(e) and inserting the following amended paragraph in its place: Certification Regarding Foreign Subcustodians. Upon request of a Fund, the Custodian shall deliver, or cause any Approved Foreign Custody Manager to deliver, to the Fund a certificate stating: (i) the identity of each Foreign Subcustodian then acting on behalf of the Custodian; (ii) the countries in which the Eligible Securities Depositories (as defined in Section 5(f)) through which each Foreign Subcustodian is then holding cash, securities and other Assets of the Fund; and (iii) such other information as may be requested by the Fund to ensure compliance with rules and regulations under the 1940 Act. The Agreement is further amended by inserting the following new Subsection 5(f) after the new renumbered Subsection 5(e):
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Sources: Custody Agreement (Aegis Funds)
Interim Subcustodians. Notwithstanding the foregoing, in the event that the Approved Foreign Custody Manager determines that it will not provide delegation services (i) in a country in which a Fund shall has directed that the Fund invest in a security or other Asset or (ii) with respect to be held in a country in which the Approved Foreign Custody Manager has not appointed a specific Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission transmission, Electronic Communication, or in such other manner as the Fund and Custodian shall agree in writing otherwise of the unavailability of an approved the Approved Foreign Subcustodian Custody Manager’s delegation services in such country; . The Custodian and upon the Approved Foreign Custody Manager (or Domestic Subcustodian), as applicable, shall be entitled to rely on and shall have no liability or responsibility for following such direction from the Fund as a Special Instruction and shall have no duties or liabilities under this Agreement save those that it may undertake specifically in writing with respect to each particular instance. Upon the receipt of such Special Instructions, the Custodian shallmay, in it absolute discretion, designate, or shall cause the Approved Foreign Custody Manager toto designate, appoint or approve any Person an entity (defined herein as hereinafter defined“Interim Subcustodian”) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between In such event, the Custodian Fund represents and warrants that it has made a determination that the arrangement with such Interim Subcustodian shall comply with satisfies the provisions requirements of the 1940 Investment Company Act and the rules and regulations thereunder (including Rule l?f-517f-5, if applicable) ). It is further understood that where the Approved Foreign Custody Manager and the terms Custodian do not agree to provide fully to the Fund the services under this Agreement and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof the Delegation Agreement with respect to a particular country or specific Foreign Subcustodian, the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians Fund may delegate such services to another delegate pursuant to this Section 5(b)(2) is herein referred to as an "Interim SubcustodianRule 17f-5.")
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Sources: Custody Agreement (Infinity Long/Short Equity Fund, LLC)
Interim Subcustodians. Notwithstanding the foregoing, in the event that the Approved Foreign Custody Manager determines that it will not provide delegation services (i) in a country in which the Fund shall has directed that the Fund invest in a security or other Asset or (ii) with respect to be held in a country in which the Approved Foreign Custody Manager has not appointed a specific Foreign Subcustodian or for which the Fund has otherwise directed that a specific Foreign Subcustodian be used, the Custodian shall, or shall cause the Approved Foreign Custody Manager to, promptly notify the Fund in writing by facsimile transmission transmission, Electronic Communication, or in such other manner as the Fund and Custodian shall agree in writing otherwise of the unavailability of an approved the Approved Foreign Subcustodian Custody Manager’s delegation services in such country; . The Custodian and upon the Approved Foreign Custody Manager (or Domestic Subcustodian) as applicable, shall be entitled to rely on and shall have no liability or responsibility for following such direction from the Fund as a Special Instruction and shall have no duties or liabilities under this Agreement save those that it may undertake specifically in writing with respect to each particular instance. Upon the receipt of such Special Instructions, the Custodian shallmay, in it absolute discretion, designate, or shall cause the Approved Foreign Custody Manager toto designate, appoint or approve any Person an entity (defined herein as hereinafter defined“Interim Subcustodian”) designated by the Fund in such Special Instructions, to hold such security or other Asset. The subcustodian agreement between In such event, the Custodian Fund represents and warrants that it has made a determination that the arrangement with such Interim Subcustodian shall comply with satisfies the provisions requirements of the 1940 Act and the rules and regulations thereunder (including Rule l?f-517f-5, if applicable) ). It is further understood that where the Approved Foreign Custody Manager and the terms Custodian do not agree to provide fully to the Fund the services under this Agreement and provisions of this Agreement. The Custodian shall comply with Section 5(b)(1) hereof the Delegation Agreement with respect to a particular country or specific Foreign Subcustodian, the appointment of an Interim Subcustodian. (Any Person appointed or approved as either a subcustodian or subcustodians Fund may delegate such services to another delegate pursuant to this Section 5(b)(2) is herein referred to as an "Interim SubcustodianRule 17f-5.")
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