Common use of Persons Having Access to Assets of the Fund Clause in Contracts

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Appears in 45 contracts

Sources: Master Custodian Agreement (Eaton Vance Senior Income Trust), Custodian Agreement (Eaton Vance Risk-Managed Diversified Equity Income Fund), Custodian Agreement (Eaton Vance Credit Opportunities Fund)

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partner, officer, employee employee, or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser Investment Adviser or the administrator of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants ’s auditors in connection with their its auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 11 shall prohibit any officer, employee or agent of the Fund or of the investment adviser Investment Adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 911.

Appears in 13 contracts

Sources: Master Custodian Agreement, Services Agreement (Eaton Vance Floating-Rate 2022 Target Term Trust), Services Agreement (Eaton Vance High Income 2021 Target Term Trust)

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officersAuthorized Officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officerAuthorized Officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Appears in 6 contracts

Sources: Master Custodian Agreement (Hancock John Cash Reserve Inc), Master Custodian Agreement (Hancock John Strategic Series), Master Custodian Agreement (Hancock John Declaration Trust)

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officersAuthorized Officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Appears in 5 contracts

Sources: Master Custodian Agreement (Hancock John Special Equities Fund), Master Custodian Agreement (Hancock John Investment Trust /Ma/), Master Custodian Agreement (Hancock John Series Trust)

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partner, officer, employee or agent of the Fund shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's ’s independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 9.

Appears in 3 contracts

Sources: Custodian Agreement (Eaton Vance Tax-Advantaged Bond & Option Strategies Fund), Custodian Agreement (Eaton Vance Tax-Advantaged Bond & Option Strategies Fund), Custodian Agreement (Eaton Vance National Municipal Opportunities Trust)

Persons Having Access to Assets of the Fund. (i) No trustee, director, general partnermanager, officer, employee employee, member or agent of the Fund or the Manager shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer or officer, director, employee or agent of the Custodian who holds any similar position with the Fund or the investment adviser of the Fund shall have access to the assets of the Fund. (ii) Access to assets of the Fund held hereunder shall only be available to duly authorized officers, employees, representatives or agents of the Custodian or other persons or entities for whose actions the Custodian shall be responsible to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) Nothing in this Section 9 7 shall prohibit any officer, employee or agent of the Manager of the Fund or of the investment adviser of the Fund from giving instructions to the Custodian or executing a certificate so long as it does not result in delivery of or access to assets of the Fund prohibited by paragraph (i) of this Section 97.

Appears in 1 contract

Sources: Custody and Transfer Agency Agreement (Belcrest Capital Fund LLC)

Persons Having Access to Assets of the Fund. (i) 9.1 No trustee, director, general partnerTrustee, officer, employee or agent of the Fund Fund, and no officer, director, employee or agent of the Fund's investment advisor, shall have physical access to the assets of the Fund any Portfolio held by the Custodian Bank or be authorized or permitted to withdraw any investments of the Fundany Portfolio, nor shall the Custodian Bank deliver any assets of the Fund any Portfolio to any such person. No officer or officer, director, employee or agent of the Custodian Bank who holds any similar position with the Fund or the Fund's investment adviser of the Fund advisor shall have access to the assets of the Fund. (ii) Access 9.2 The individual employees of the Bank initially duly authorized by the Board of Directors of the Bank to have access to the assets of the Fund held hereunder are listed on Schedule C which is attached and made a part of this Agreement by this reference. The Bank shall only be available advise the Fund of any change in the individuals authorized to duly authorized officers, employees, representatives or agents have access to the assets of the Custodian or other persons or entities for whose actions the Custodian shall be responsible Fund by written notice to the extent permitted hereunder, or to the Fund's independent public accountants in connection with their auditing duties performed on behalf of the Fund. (iii) 9.3 Nothing in this Section 9 shall prohibit any officer, employee or agent of the Fund Fund, or any officer, director, employee or agent of the Fund's investment adviser of the Fund advisor, from giving instructions Written Instructions, or Oral Instructions confirmed by Written Instructions, to the Custodian or executing a certificate Bank so long as it does not result in delivery of or access to assets of the Fund any Portfolio prohibited by paragraph (i) of this Section 9.

Appears in 1 contract

Sources: Custody Agreement (Armstrong Associates Inc)