Common use of Timeliness of Instructions Clause in Contracts

Timeliness of Instructions. In giving an Instruction, the Company shall take into consideration delays which may occur due to the involvement of a Sub-custodian or agent, differences in time zones, and other factors particular to a given market, exchange or issuer. When the Custodian has established specific timing requirements or deadlines with respect to particular classes of Instruction, or when an Instruction is received by the Custodian at such a time that it could not reasonably be expected to have acted on such instruction due to time zone differences or other factors beyond its reasonable control, the execution of any Instruction received by the Custodian after such deadline or at such time (including any modification or revocation of a previous Instruction) shall be at the risk of the Company. Custodian has established cut-off times for receipt of some categories of Instruction, which shall be made available to the Company and the Funds or other third parties, as appropriate. If Custodian receives an Instruction after its established cut-off time, Custodian shall attempt to act upon the Instruction on the day requested on a commercially reasonable basis or otherwise as soon as practicable on the next Business Day.

Appears in 9 contracts

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

Timeliness of Instructions. In giving an Instruction, the Company Fund shall take into consideration delays which may occur due to the involvement of a Sub-custodian or agent, differences in time zones, and other factors particular to a given market, exchange or issuer. When the Custodian has established specific timing requirements or deadlines with respect to particular classes of Instruction, or when an Instruction is received by the Custodian at such a time that it could not reasonably be expected to have acted on such instruction due to time zone differences or other factors beyond its reasonable control, the execution of any Instruction received by the Custodian after such deadline or at such time (including any modification or revocation of a previous Instruction) shall be at the risk of the CompanyFund. Custodian has established cut-off times for receipt of some categories of Instruction, which shall be made available to the Company Fund and the Funds or other third parties, as appropriate. If Custodian receives an Instruction after its established cut-cut- off time, Custodian shall attempt to act upon the Instruction on the day requested on a commercially reasonable basis or otherwise as soon as practicable on the next Business Day.

Appears in 2 contracts

Sources: Custody Agreement (MSS Series Trust), Custody Agreement (MSS Series Trust)

Timeliness of Instructions. In giving an Instruction, the Company Fund shall take into consideration delays which may occur due to the involvement of a Sub-custodian or agent, differences in time zones, and other factors particular to a given market, exchange or issuer. When the Custodian has established specific timing requirements or deadlines with respect to particular classes of Instruction, or when an Instruction is received by the Custodian at such a time that it could not reasonably be expected to have acted on such instruction due to time zone differences or other factors beyond its reasonable control, the execution of any Instruction received by the Custodian after such deadline or at such time (including any modification or revocation of a previous Instruction) shall be at the risk of the CompanyFund. Custodian has established cut-off times for receipt of some categories of Instruction, which shall be made available to the Company Fund and the Funds or other third parties, as appropriate. If Custodian receives an Instruction after its established cut-off time, Custodian shall attempt to act upon the Instruction on the day requested on a commercially reasonable basis or otherwise as soon as practicable on the next Business Day.

Appears in 2 contracts

Sources: Custody Agreement (Sparrow Funds), Custody Agreement (360 Funds)

Timeliness of Instructions. In giving an Instruction, the Company shall take into consideration delays which may occur due to the involvement of a Sub-custodian or agent, differences in time zones, and other factors particular to a given market, exchange or issuer. When the Custodian has established specific timing requirements or deadlines with respect to particular classes of Instruction, or when an Instruction is received by the Custodian at such a time that it could not reasonably be expected to have acted on such instruction due to time zone differences or other factors beyond its reasonable control, the execution of any Instruction received by the Custodian after such deadline or at such time (including any modification or revocation of a previous Instruction) shall be at the risk of the Company. The Custodian has established cut-off times for receipt of some categories of Instruction, which shall be made available to the Company and the Funds Fund or other third parties, as appropriate. If Custodian receives an Instruction after its established cut-off time, Custodian shall attempt to act upon the Instruction on the day requested on a commercially reasonable basis or otherwise as soon as practicable on the next Business Day.

Appears in 1 contract

Sources: Custody Agreement (OneAscent Capital Opportunities Fund)