Common use of Security Clause in Contracts

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 239 contracts

Sources: Custody Agreement (SP Funds Trust), Etf Custody Agreement (Praxis Funds), Etf Custody Agreement (Tortoise Capital Series Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 64 contracts

Sources: Custody Agreement (Tidal Trust IV), Custody Agreement (Tidal ETF Trust), Etf Custody Agreement (SP Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 24 contracts

Sources: Custody Agreement (Oaktree Diversified Income Fund Inc.), Custody Agreement (DoubleLine Shiller CAPE Enhanced Income Fund), Custody Agreement (DoubleLine Opportunistic Credit Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 22 contracts

Sources: Custody Agreement (Muzinich BDC, Inc.), Custody Agreement (Sphinx Opportunity Fund II), Custody Agreement (Catalyst Strategic Income Opportunities Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 22 contracts

Sources: Etf Custody Agreement (Jacob Funds Inc.), Custody Agreement (Provident Mutual Funds, Inc.), Custody Agreement (Meehan Mutual Funds, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 21 contracts

Sources: Custody Agreement (XD Fund Trust), Custody Agreement (Oaktree Diversified Income Fund Inc.), Custody Agreement (Chestnut Street Exchange Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 19 contracts

Sources: Custody Agreement (83 Investment Group Income Fund), Custody Agreement (Booster Income Opportunities Fund), Custody Agreement (TCW Spirit Direct Lending LLC)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 17 contracts

Sources: Custody Agreement (Trust for Professional Managers), Custody Agreement (Potomac Funds), Custody Agreement (Alpine Equity Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 15 contracts

Sources: Custody Agreement (Lake Shore Family of Funds), Custody Agreement (Gannett Welsh & Kotler Funds), Custody Agreement (Countrywide Strategic Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees’ fees and expenses) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Sources: Custody Agreement (LifeX Inflation-Protected Income Trust 1948F), Custody Agreement (LifeX Income Trust 1948F), Custody Agreement (Stone Ridge Trust VI)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Sources: Custody Agreement (Kit Cole Investment Trust), Custody Agreement (Everest Funds), Custody Agreement (Everest Series Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Company’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 14 contracts

Sources: Custody Agreement (RBB Fund, Inc.), Custody Agreement (Fmi Funds Inc), Custody Agreement (Concorde Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 12 contracts

Sources: Custody Agreement (Ancora Trust), Custody Agreement (Bertolet Capital Trust), Custody Agreement (Upright Investments Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 10 contracts

Sources: Custody Agreement (F/M Funds Trust), Custody Agreement (Wilshire Variable Insurance Trust), Custody Agreement (Red Cedar Fund Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 8 contracts

Sources: Custody Agreement (Amplify Commodity Trust), Custody Agreement (Amplify Commodity Trust), Custody Agreement (ETF Managers Group Commodity Trust I)

Security. If the Custodian advances cash or Securities to the Fund Funds for any purpose, either at the TrustKCM's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 7 contracts

Sources: Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds), Custody Agreement (Buffalo Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Sources: Custody Agreement (Agile Funds Inc), Custody Agreement (Pebblebrook Fund Inc), Custody Agreement (Frontegra Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Sources: Custody Agreement (Angel Oak Dynamic Financial Strategies Income Term Trust), Custody Agreement (Angel Oak Financial Strategies Income Term Trust), Custody Agreement (Tortoise Essential Assets Income Term Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Sources: Custody Agreement (Hussman Investment Trust), Custody Agreement (Destination Funds), Custody Agreement (TFS Capital Investment Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 6 contracts

Sources: Custody Agreement (Leuthold Funds Inc), Custody Agreement (RBB Fund, Inc.), Custody Agreement (RBB Fund, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, gross negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 4 contracts

Sources: Custody Agreement (Prospect Enhanced Yield Fund), Custody Agreement (C1 Fund Inc.), Custody Agreement (Oaktree Asset-Backed Income Private Fund Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 4 contracts

Sources: Custody Agreement (Hussman Investment Trust), Etf Custody Agreement (Stone Ridge Trust), Custody Agreement (Hussman Investment Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 4 contracts

Sources: Custody Agreement (CCM Advisors Funds), Custody Agreement (CCM Advisors Funds), Custody Agreement (Ccma Select Investment Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Builders Fixed Income Fund Inc), Custody Agreement (Southwest Small Cap Equity Fund Inc), Custody Agreement (Merger Fund Vl)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, gross negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Elevation Series Trust), Custody Agreement (Thrive Series Trust), Etf Custody Agreement (REX ETF Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Valkyrie Bitcoin Fund), Custody Agreement (Tidal Commodities Trust I), Custody Agreement (Teucrium Commodity Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Company’s or the Trust's request request, as applicable, or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Kinetics Mutual Funds Inc), Custody Agreement (Kinetics Mutual Funds Inc), Custody Agreement (Kinetics Portfolios Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Greenspring Fund Inc), Custody Agreement (Greenspring Fund Inc), Custody Agreement (Madison Strategic Sector Premium Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorp's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Fmi Common Stock Fund Inc), Custody Agreement (Fmi Funds Inc), Custody Agreement (Reynolds Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' feesfees and expenses) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Stone Ridge Trust II), Custody Agreement (Stone Ridge Trust III), Custody Agreement (Stone Ridge Trust II)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Boyar Value Fund Inc), Custody Agreement (Gintel Fund), Custody Agreement (Gintel Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corp’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Brandywine Blue Fund Inc), Custody Agreement (Fmi Mutual Funds Inc), Custody Agreement (Brandywine Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Trusts’ request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Underlying Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Intrepid Capital Management Funds Trust), Custody Agreement (Skyhawk Capital Management Funds Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconductmisconduct or breach of this Agreement), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Eip Investment Trust), Custody Agreement (Aegis Funds), Custody Agreement (Aegis Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, gross negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Sardis Credit Opportunities Fund), Custody Agreement (Oaktree Asset-Backed Income Fund Inc.), Custody Agreement (LAGO Evergreen Credit)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees’ fees and expenses) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corporation’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Thompson Im Funds Inc), Custody Agreement (Primary Trend Fund Inc), Custody Agreement (Primary Income Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence or faith and willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Wachovia Variable Insurance Funds), Custody Agreement (Wachovia Variable Insurance Funds), Custody Agreement (Wachovia Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 3 contracts

Sources: Custody Agreement (Timothy Plan), Custody Agreement (Angel Oak Funds Trust), Custody Agreement (Absolute Shares Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Leuthold Funds Inc), Custody Agreement (Wall Street Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, gross negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Tortoise Capital Series Trust), Etf Custody Agreement (Collaborative Investment Series Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Brazos Mutual Funds), Custody Agreement (Fort Pitt Capital Funds)

Security. If the Custodian advances cash or Securities to the Fund Funds for any purpose, either at the Trust's Funds’ request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Funds and to dispose of other assets of such Fund Funds to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Salient MLP & Energy Infrastructure Fund), Custody Agreement (Salient MLP & Energy Infrastructure Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Weldon Capital Funds Inc), Custody Agreement (Weldon Capital Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Ranger Funds Investment Trust), Custody Agreement (LKCM Funds)

Security. If the Custodian advances cash or Securities to the Fund -------- for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Pc&j Preservation Fund /Oh/), Custody Agreement (Pc&j Performance Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Adviser’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Aristotle Funds Series Trust), Custody Agreement (Aristotle Funds Series Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trusta Fund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the relevant Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (PNMAC Mortgage Opportunity Fund, LLC), Custody Agreement (PNMAC Mortgage Opportunity Fund LP)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (City National Rochdale High Yield Alternative Strategies Fund LLC), Custody Agreement (American Money Management Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Custody Agreement (USQ Core Real Estate Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Norcap Funds Inc), Custody Agreement (Chaconia Income & Growth Fund Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' feesfees and expenses) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Stone Ridge Trust), Custody Agreement (Stone Ridge Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Axxes Opportunistic Credit Fund), Custody Agreement (Axxes Private Markets Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Aha Investment Funds Inc), Custody Agreement (Aha Investment Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the applicable Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the applicable Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Underlying Funds Trust), Custody Agreement (Hatteras Alternative Mutual Funds Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trustsuch Fund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Hatteras 1099 Advantage Fund), Custody Agreement (Hatteras 1099 Advantage Institutional Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCorporation 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Monetta Fund Inc), Custody Agreement (Ohio National Fund Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Wilshire Mutual Funds Inc), Custody Agreement (Thompson Plumb Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under 17 this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Collaborative Investment Series Trust), Custody Agreement (Second Nature Series Trust)

Security. If the Custodian advances cash or Securities to the Fund a Funds for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the that Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Alpine Equity Trust), Custody Agreement (Alpine Series Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Cushing Renaissance Fund), Custody Agreement (Cushing Renaissance Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the that Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 2 contracts

Sources: Custody Agreement (Alpine Income Trust), Custody Agreement (Cadre Institutional Investors Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany 's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Baird Funds Inc)

Security. If the Custodian advances cash or Securities to the any Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) attorneys fees and disbursements), liability or claim (except such as may arise from its or its nominee's nominees negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the any Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Lindner Investments)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification:.·

Appears in 1 contract

Sources: Custody Agreement (Shelton Greater China Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. 03/21/2017 17

Appears in 1 contract

Sources: Custody Agreement (City National Rochdale Select Strategies Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Tuscarora Investment Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefortherefore, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Touchstone Tax Free Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (SEG Partners Long/Short Equity Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Zell Capital)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Funds shall be security therefor, and should the Fund Funds fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Funds and to dispose of other assets of such Fund Funds to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (ALPS Series Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s fraud, bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (First Eagle Private Credit Fund)

Security. If the Custodian advances cash or Securities to the Fund Trust for any purpose, either at the Trust's Trust ‘s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund Trust shall be security therefor, and should the Fund Trust fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund Trust and to dispose of other assets of such Fund Trust to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Cushing MLP Total Return Fund)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefortherefore, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Bridge Builder Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCorporation's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custodian Agreement (Tanaka Funds Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Wisconsin Capital Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence fraud, negligence, willful misconduct or willful misconductviolation of applicable law), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (RMB Investors Trust)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (American Eagle Funds Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnificationindemnification to the extent permitted under applicable law.

Appears in 1 contract

Sources: Custody Agreement (Bridges Investment Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (WTI Fund XI, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Lou Holland Trust)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification; provided, however, that a Fund does not dispute either the existence or the amount of such obligation.

Appears in 1 contract

Sources: Custody Agreement (Olstein Funds)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's Company’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (RBB Fund, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. OR

Appears in 1 contract

Sources: Security Clauses

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the a Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.. FINAL

Appears in 1 contract

Sources: Custody Agreement (Direxion Shares ETF Trust II)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence negligence, fraud, or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Axonic Alternative Income Fund)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's gross negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Fountain Square Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, gross negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Atlas U.S. Government Money Market Fund, Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's gross negligence, bad faith, negligence or faith and willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Bayfunds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail to promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Pearl Diver Credit Co Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustCompany's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Provident Mutual Funds, Inc.)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Corporation’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Perritt Microcap Opportunities Fund Inc)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Fund’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's ’s bad faith, negligence negligence, fraud or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (NC SLF Inc.)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Westport Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the TrustFund's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) fees and disbursements), liability or claim (except such as may arise from its or its nominee's negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Boyar Value Fund Inc)

Security. If the Custodian advances cash or Securities to the any Fund for any purpose, either at the Trust's ’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) attorneys’fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the such Fund shall be security therefor, and should the any Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such the Fund and to dispose of other assets of such the Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Assetmark Funds)

Security. If the Custodian advances cash or Securities to the Fund for any purpose, either at the Trust's Company’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Mexico Equity & Income Fund Inc)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, expense or liability (including reasonable attorneys' fees) (except such as may arise from its or its nominee's bad faith, negligence or willful misconduct), then, in any such event, any property at any time held for the account of the Fund shall be security therefor, and should the Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be he entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.:

Appears in 1 contract

Sources: Custody Agreement (Advisors' Inner Circle Fund II)

Security. If the Custodian advances cash or Securities to the a Fund for any purpose, either at the Trust's Corporation’s request or as otherwise contemplated in this Agreement, or in the event that the Custodian or its nominee incurs, in connection with its performance under this Agreement, any claim, demand, loss, damage, cost, expense or liability (including reasonable attorneys' fees) ’ fees and disbursements), liability or claim (except such as may arise from its or its nominee's ’s negligence, bad faith, negligence faith or willful misconduct), then, in any such event, any property at any time held for the account of the a Fund shall be security therefor, and should the such Fund fail promptly to repay or indemnify the Custodian, the Custodian shall be entitled to utilize available cash of such Fund and to dispose of other assets of such Fund to the extent necessary to obtain reimbursement or indemnification.

Appears in 1 contract

Sources: Custody Agreement (Perritt Funds Inc)