Common use of Overdrafts and Indebtedness Clause in Contracts

Overdrafts and Indebtedness. The Custodian may, in its sole discretion, advance funds in any currency hereunder, and the Custodian will endeavor to notify the Fund as promptly as practicable under the circumstances if the Custodian will not cover an overdraft, provided however that failure by the Custodian to so notify shall not impair Custodian’s rights and remedies hereunder. If an overdraft occurs in an Account (including, without limitation, overdrafts incurred in connection with the settlement of securities transactions, funds transfers or foreign exchange transactions) or if the Fund is for any other reason indebted to the Custodian, the Fund agrees to repay the Custodian, in the relevant currency, on demand or upon becoming aware of the amount of the advance, overdraft or indebtedness, plus accrued interest at the rate then charged by the Custodian to its institutional custody clients set forth in the Fee Schedule as may be amended in writing from time to time.

Appears in 2 contracts

Sources: Custody Agreement (Forum Funds), Custody Agreement (TrimTabs ETF Trust)