Use of Securities System Clause Samples

Use of Securities System. With respect to Property in the Account(s) which are maintained by the Custodian or any Subcustodian in the custody of a Securities System employed pursuant to Section 4: (a) The Custodian shall, and the Subcustodian will be required by its agreement with the Custodian to, identify on its books such Property as being held for the account of the Custodian or Subcustodian for its customers. (b) Any Property held in a Securities System for the account of the Custodian or a Subcustodian will be subject only to the instructions of the Custodian or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for customers of the Custodian or Subcustodian, as the case may be, unless precluded by applicable law, rule, or regulation. (d) The Custodian shall provide the Customer with any report obtained by the Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Use of Securities System. With respect to Property in the Account(s) that is maintained by the Bank or any Subcustodian through a Securities System employed pursuant to Section 4: (a) The Bank shall, and the Subcustodian will be required by its agreement with the Bank to, identify on its books such Property as being maintained for the account of the Bank or Subcustodian for its clients. (b) Any Property maintained through a Securities System for the account of the Bank or a Subcustodian will be subject only to the instructions of the Bank or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for clients of the Bank, as the case may be, unless precluded by applicable law, rule, or regulation. (d) The Bank shall provide the Bank with any report obtained by the Bank or Subcustodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Use of Securities System. With respect to Property in the Account which are maintained by the Custodian or any Subcustodian in the custody of a Securities System employed pursuant to Section 4: (a) The Custodian shall, and the Subcustodian will be required by its agreement with the Custodian to, identify on its books such Property as being held for the account of the Custodian or Subcustodian for its customers.
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Use of Securities System. With respect to Property in an Account which is maintained by the Custodian through a Securities System in which it participates pursuant to Section 6: (a) The Custodian shall identify on its books such Property as being maintained for the account of the Custodian for its customers. (b) The Custodian's agreement with such Security System shall provide that Property deposited with a Securities System will be maintained in an account holding only assets for customers of the Custodian unless precluded by applicable law, rule or regulation. (c) The Custodian shall provide to the Issuer, with a copy to the Master Servicer, any non-confidential report obtained by the Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. It is understood and agreed that the Custodian's agreement with a Securities System will be subject to the generally applicable rules and regulations of such Securities System, and that the Custodian shall not be liable for a breach of such agreement by such Securities System.
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Use of Securities System. With respect to Property in the Account ------------------------ which is maintained by the Bank or any Subcustodian through a Securities System employed pursuant to Section 5: (a) The Bank will, and the Subcustodian will be required by its agreement with the Bank to, identify on its books such Property as being maintained for the account of the Bank or by the Subcustodian for the account of customers of the Bank or a subcustodian. (b) Any Property maintained through a Securities System for the account of the Bank or a Subcustodian will be subject only to the instructions of the Bank or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for customers of the Bank or Subcustodian, as the case may be unless precluded by applicable law, rule or regulation or unless local market practice provides otherwise. (d) The Bank will provide the Custodian with any report obtained by the Bank on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System. (e) Beginning July 2, 2001, the effective date for compliance with Rule 17f-7 of the 1940 Act, the Bank will monitor the custody risks associated with maintaining assets with the Securities System on a continuing basis, and promptly notify the Fund or its investment advisor of any material change in these risks.
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Use of Securities System. With respect to Property in the Account(s) that is maintained by Forum or any Subcustodian through a Securities System employed pursuant to Section 4: (a) Forum shall, and the Subcustodian will be required by its agreement with Forum to, identify on its books such Property as being maintained for the account of Forum or Subcustodian for its customers. (b) Any Property maintained through a Securities System for the account of Forum or a Subcustodian will be subject only to the instructions of Forum or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for customers of Forum or Subcustodian, as the case may be, unless precluded by applicable law, rule, or regulation. (d) Forum shall provide Trust with any report obtained by Forum or Subcustodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Use of Securities System. With respect to Property in an Account that is maintained by the Bank or any Subcustodian through a Securities System employed pursuant to Paragraph 4 of this Agreement: (i) the Bank shall, and the Subcustodian will be required by its agreement with the Bank to, identify on its books such Property as being maintained for the account of the Bank or Subcustodian for its clients. (ii) the Property will be subject only to the instructions of the Bank or such Subcustodian, as the case may be. (iii) the Property will be maintained in an account holding only assets for clients of the Bank, as the case may be, unless precluded by applicable law, rule, or regulation. (iv) To the extent required by the 1940 Act or the rules promulgated thereunder, the Bank shall send Forum a confirmation (as defined in Rule 17f-4 under the ▇▇▇▇ ▇▇▇) of any transfers to or from an Account. Where securities are transferred to an Account, the Bank shall also, by book-entry or otherwise, identify as belonging to a Portfolio a quantity of securities in a fungible bulk of securities: (i) registered in the name of the Bank or its nominee, or (ii) shown on the Bank's account on the books of the clearing agency, the book-entry system, or the Bank's agent. (v) the Bank shall provide Forum, upon Forum's request, with any report obtained by the Bank or Subcustodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Use of Securities System. With respect to Property in the Account(s) that is maintained by Custodian or any Subcustodian through a Securities System employed pursuant to Section 4: (a) Custodian shall, and the Subcustodian will be required by its agreement with Custodian to, identify on its books such Property as being maintained for the account of Custodian or Subcustodian for its customers. (b) Any Property maintained through a Securities System for the account of Custodian or a Subcustodian will be subject only to the instructions of Custodian or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for customers of Custodian or Subcustodian, as the case may be, unless precluded by applicable law, rule, or regulation. (d) Custodian shall send Customer a confirmation of any transfers to or from an Account. When securities are transferred to an Account, the Custodian shall also, by book-entry or otherwise, identify as belonging to a Portfolio a quantity of securities in a fungible bulk of securities: (i) registered in the name of the Custodian or its nominee, or (ii) shown on the Custodian's account on the books of a Subcustodian, a Securities System, or the Custodian's agent. (e) Custodian shall provide Customer with any report obtained by Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Use of Securities System. With respect to Property in the Account(s) which is maintained by the Custodian or any Subcustodian through a Securities System employed pursuant to Section 4: (a) The Custodian shall, and the Subcustodian will be required by its agreement with the Custodian to, identify on its books such Property as being maintained for the account of the Custodian or by the Subcustodian for the account of customers of the Custodian or Subcustodian. (b) Any Property maintained through a Securities System for the account of the Custodian or a Subcustodian will be subject only to the instructions of the Custodian or such Subcustodian, as the case may be. (c) Property deposited with a Securities System will be maintained in an account holding only assets for customers of the Custodian or Subcustodian, as the case may be, unless precluded by applicable law, rule or regulation or local market practice provides otherwise. (d) The Custodian shall provide the Customer with any report obtained by the Custodian on the Securities System's accounting system, internal accounting control and procedures for safeguarding securities deposited in the Securities System.
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Related to Use of Securities System

  • Use of Securities Depositories The Custodian may deposit and maintain Investments in any Securities Depository, either directly or through one or more Subcustodians appointed by the Custodian. Investments held in a Securities Depository shall be held (a) subject to the agreement, rules, statement of terms and conditions or other document or conditions effective between the Securities Depository and the Custodian or the Subcustodian, as the case may be, and (b) in an account for the Fund or in bulk segregation in an account maintained for the non-proprietary assets of the entity holding such Investments in the Depository. If market practice or the rules and regulations of the Securities Depository prevent the Custodian, the Subcustodian or (any agent of either) from holding its client assets in such a separate account, the Custodian, the Subcustodian or other agent shall as appropriate segregate such Investments for benefit of the Fund or for benefit of clients of the Custodian generally on its own books.

  • Reservation of Securities The Company shall maintain a reserve from its duly authorized shares of Common Stock for issuance pursuant to the Transaction Documents in such amount as may be required to fulfill its obligations in full under the Transaction Documents. In the event that at any time the then authorized shares of Common Stock are insufficient for the Company to satisfy its obligations in full under the Transaction Documents, the Company shall promptly take such actions as may be required to increase the number of authorized shares.

  • Authorization of Securities The Securities to be sold by the Company under this Agreement have been duly authorized for issuance and sale to the Underwriters pursuant to this Agreement and, when issued and delivered by the Company pursuant to this Agreement against payment of the consideration set forth herein, will be validly issued, fully paid and non-assessable; no holder of the Securities is or will be subject to personal liability by reason of being such a holder; and the issuance and sale of the Securities to be sold by the Company under this Agreement are not subject to any preemptive rights, rights of first refusal or other similar rights of any securityholder of the Company or any other person.

  • Description of Securities The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through ▇▇▇▇▇ Fargo Securities, acting as agent and/or principal, shares (the “Securities,” and each, a “Security”) of the Company’s common stock, par value $0.001 per share (the “Common Stock”), having an aggregate sale price of up to $30,000,000 (the “Maximum Amount”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 1 regarding the number and aggregate sale price of the Securities issued and sold under this Agreement shall be the sole responsibility of the Company, and ▇▇▇▇▇ Fargo Securities shall have no obligation in connection with such compliance. The issuance and sale of the Securities through ▇▇▇▇▇ Fargo Securities will be effected pursuant to the Registration Statement (as defined below) filed by the Company and declared effective by the Securities and Exchange Commission (the “Commission”), although nothing in this Agreement shall be construed as requiring the Company to use the Registration Statement to issue the Securities. The Company agrees that whenever it determines to sell Securities directly to ▇▇▇▇▇ Fargo Securities as principal it will enter into a separate written agreement containing the terms and conditions of such sale. The Company has filed, in accordance with the provisions of the Securities Act of 1933, as amended, and the rules and regulations thereunder (collectively, the “Securities Act”), with the Commission a registration statement on Form S-3 (File No. 333-218300), including a base prospectus, relating to certain securities, including the Securities to be issued from time to time by the Company, and which incorporates by reference documents that the Company has filed or will file in accordance with the provisions of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder (collectively, the “Exchange Act”). The Company has prepared a prospectus supplement specifically relating to the Securities (the “Prospectus Supplement”) to the base prospectus included as part of such registration statement. The Company will furnish to ▇▇▇▇▇ Fargo Securities, for use by ▇▇▇▇▇ Fargo Securities, copies of the prospectus included as part of such registration statement, as supplemented by the Prospectus Supplement, relating to the Securities. The “Registration Statement,” as of any time, means such registration statement as amended by any post-effective amendments thereto at such time, including the exhibits and any schedules thereto at such time, the documents incorporated or deemed to be incorporated by reference therein at such time pursuant to Item 12 of Form S-3 under the Securities Act and the documents and information otherwise deemed to be a part thereof as of such time pursuant to Rule 430B of the Securities Act (“Rule 430B”); provided, however, that the “Registration Statement” without reference to a time means such registration statement as amended by any post-effective amendments thereto as of the time of the first contract of sale for the Securities, which time shall be considered the “new effective date” of the Registration Statement with respect to the Securities within the meaning of paragraph (f)(2) of Rule 430B, including the exhibits and schedules thereto at such time, the documents and information incorporated or deemed to be incorporated by reference therein at such time pursuant to Item 12 of Form S-3 under the Securities Act and the documents otherwise deemed to be a part thereof as of such time pursuant to Rule 430B. The base prospectus, including all documents incorporated therein by reference, included in the Registration Statement, as it may be supplemented by the Prospectus Supplement, in the form in which such prospectus and/or Prospectus Supplement have most recently been filed by the Company with the Commission pursuant to Rule 424(b) under the Securities Act is herein called the “Prospectus.” Any reference herein to the Registration Statement, the Prospectus or any amendment or supplement thereto shall be deemed to refer to and include the documents incorporated by reference therein, and any reference herein to the terms “amend,” “amendment” or “supplement” with respect to the Registration Statement or the Prospectus shall be deemed to refer to and include the filing after the execution hereof of any document with the Commission deemed to be incorporated by reference therein. For purposes of this Agreement, all references to the Registration Statement, the Prospectus or to any amendment or supplement thereto shall be deemed to include any copy filed with the Commission pursuant to ▇▇▇▇▇.

  • Reservation and Listing of Securities (a) The Company shall maintain a reserve from its duly authorized shares of Common Stock for issuance pursuant to the Transaction Documents in such amount as may then be required to fulfill its obligations in full under the Transaction Documents. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than the Required Minimum on such date, then the Board of Directors shall use commercially reasonable efforts to amend the Company’s certificate or articles of incorporation to increase the number of authorized but unissued shares of Common Stock to at least the Required Minimum at such time, as soon as possible and in any event not later than the 75th day after such date. (c) The Company shall, if applicable: (i) in the time and manner required by the principal Trading Market, prepare and file with such Trading Market an additional shares listing application covering a number of shares of Common Stock at least equal to the Required Minimum on the date of such application, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on such Trading Market as soon as possible thereafter, (iii) provide to the Purchasers evidence of such listing or quotation and (iv) maintain the listing or quotation of such Common Stock on any date at least equal to the Required Minimum on such date on such Trading Market or another Trading Market.