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Document Preview Custodian Services Agreement |
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Title: |
Custodian Services Agreement |
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Entities: |
PNC Financial Services Group Inc.; Wilshire Variable Insurance Trust |
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Date: |
2006 |
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Size: |
Preview shows 13KB of 57KB total |
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Price: |
$39 |
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ID: |
#2441662 |
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CUSTODIAN SERVICES AGREEMENT
THIS AGREEMENT is made as of June 27, 2005 by and between PFPC TRUST COMPANY, a limited purpose trust company incorporated under the laws of Delaware (PFPC Trust), and WILSHIRE VARIABLE INSURANCE TRUST, a Delaware statutory trust (the Fund).
W I T N E S S E T H:
WHEREAS, the Fund is registered as an open-end management investment company under the Investment Company Act of 1940, as amended (the 1940 Act); and
WHEREAS, the Fund wishes to retain PFPC Trust to provide custodian services, and PFPC Trust wishes to furnish custodian services, either directly or through an affiliate or affiliates, as more fully described herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, and intending to be legally bound hereby, the parties hereto agree as follows:
| 1. | Definitions. As used in this Agreement: |
| (a) | 1933 Act means the Securities Act of 1933, as amended. |
| (b) | 1934 Act means the Securities Exchange Act of 1934, as amended. |
| (c) | Authorized Person means any officer of the Fund and any other person authorized by the Fund to give Written Instructions on behalf of the Fund. An Authorized Persons scope of authority may be limited by setting forth such limitation in a written document signed by both parties hereto. |
| (d) | Book-Entry System means the Federal Reserve Treasury book-entry system for United States and federal agency securities, its successor or successors, and its nominee or nominees and any book-entry system registered with the SEC under the 1934 Act. |
| (e) | CEA means the Commodities Exchange Act, as amended. |
| (f) | PFPC Trust means PFPC Trust Company or a subsidiary or affiliate of PFPC Trust Company. |
| (g) | SEC means the Securities and Exchange Commission. |
| (h) | Securities Laws mean the 1933 Act, the 1934 Act, the 1940 Act and the CEA. |
| (i) | Shares mean the shares of beneficial interest of any series or class of the Fund. |
| (j) | Property means: |
| (i) | any and all securities and other investment items which the Fund may from time to time deposit, or cause to be deposited, with PFPC Trust or which PFPC Trust may from time to time hold for the Fund; |
| (ii) | all income in respect of any of such securities or other investment items; |
| (iii) | all proceeds of the sale of any of such securities or investment items; and |
| (iv) | all proceeds of the sale of securities issued by the Fund, which are received by PFPC Trust from time to time, from or on behalf of the Fund. |
| (k) |
Written Instructions mean (i) written instructions signed by two Authorized Persons (or persons reasonably believed by PFPC Trust to be Authorized Persons) and received by PFPC Trust or (ii) trade instructions transmitted by an Authorized Person (or a person reasonably believed by PFPC Trust to be an Authorized Person) to PFPC Trust by means of an electronic transaction reporting system which requires the use of a password or other authorized identifier in order to gain access or (iii) instructions transmitted via e-mail by an Authorized Person (or a |
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person reasonably believed by PFPC Trust to be an Authorized Person) to PFPC Trust which PFPC Trust has received and opened. The instructions may be delivered electronically (with respect to sub-items (ii) or (iii) above) or by hand, mail or facsimile sending device. |
| 2. | Appointment. The Fund hereby appoints PFPC Trust to provide custodian services to the Fund as set forth herein, on behalf of each of its investment portfolios listed on Schedule A hereto (each, a Portfolio), and PFPC Trust accepts such appointment and agrees to furnish such services. |
| 3. | Compliance with Laws. |
PFPC Trust undertakes to comply with material applicable requirements of the Securities Laws and material laws, rules and regulations of governmental authorities having jurisdiction with respect to the duties to be performed by PFPC Trust hereunder. Except as specifically set forth herein, PFPC Trust assumes no responsibility for such compliance by the Fund or any other entity.
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