Advisers Services Sample Clauses

Advisers Services. Adviser will make all decisions to buy, sell or hold securities, cash or other investments for Client’s account (s) at the sole discretion of Adviser and without first consulting Client. Such securities may include, but are not limited to, interests in mutual funds, interests in REITS, common or preferred stock, convertible stocks or bonds, options, warrants, rights, corporate, municipal or government bonds, and notes or bills. Client gives Adviser full power and authority to carry out these decisions by giving instructions, on behalf of Client, to brokers and dealers and the Custodian for Client’s account (s). Client also authorizes Adviser to provide a copy of this agreement to any broker or dealer with or through which transactions for Client’s account (s) are to be effected as evidence of Adviser’s authority under this agreement. Client’s investment objectives and any special instructions or limits that Client wishes Adviser to follow in managing Client’s account (s) are written on Schedule I. Client will let Adviser know in writing if Client wishes to change instructions to Adviser. Client also will let Adviser know if Client’s financial circumstances or investment objectives change in a way that should cause Adviser to change how Adviser is managing Client’s account (s). Changes to the investment objectives or to any instructions, detailing the changes that Client and Adviser have agreed to in writing, will be considered amendments or supplements to Schedule I.

Advisers Services. (a) Correct and complete copies of (i) all of the investment advisory agreements in effect as of the date hereof (which include only the REIT Management Agreements), (ii) all material distribution or underwriting Contracts in effect as of the date hereof for the payment of service fees, (iii) all material administrative services and other services agreements, if any, pertaining to each of the REITs in effect as of the date hereof, and (iv) since January 1, 2012, all SEC examination findings with respect to the Company Group or the REITs (A) have been made available to Buyer prior to the date hereof and (B) except as to the foregoing clause (iv), as of the date hereof, are in full force and effect. As between the Advisers and the REITs, there has been in full force and effect an investment advisory, sub-advisory, distribution or underwriting agreement (as applicable) at all times since the inception of such REIT pursuant to which any member of the Company Group received compensation respecting its activities in connection with such REIT. (b) No Proceeding to revoke any orders of exemption issued under the Investment Advisers Act to the Advisers has been commenced and, to the Knowledge of the Company, no such Proceeding is threatened by the SEC. Copies of all exemptive orders and SEC no-action letters obtained by or on behalf of any member of the Company Group relating to the services provided by the Advisers have been made available to Buyer. (c) No Company Group member or any “person associated with” (as defined in the Investment Advisers Act) a Company Group member is ineligible pursuant to Section 203(e) or 203(f) of the Investment Advisers Act to serve as an investment adviser or as a “person associated with” an investment adviser, nor is there any Proceeding pending or, to the Knowledge of the Company, threatened by any Governmental Authority that would result in the ineligibility of any such Company Group member or any such “person associated with” a Company Group member to serve in any such capacities pursuant to Section 203(e) or 203(f) of the Investment Advisers Act.

Advisers Services. Unless directed to otherwise in writing at the time of this Agreement, Adviser is being hired as a manager of Client’s account(s). Adviser will make all decisions to buy, sell, or hold securities, cash, or other investments for Client’s account(s) at the discretion of Adviser, unless otherwise specified in this Agreement. Such securities may include, but are not limited to: (a) Common or Preferred Stock; (b) Publically traded Exchange Traded Funds (“ETFs”); (c) Index funds; (d) Mutual funds; (e) Corporate, municipal, or government bonds; (f) Options; (g) Convertible stock or bonds; and/or (h) Currency, notes, and bills. give a copy of this agreement to any broker or dealer with or through which transactions for Client’s account(s) are to be effected as evidence of Adviser’s authority under this Agreement.

Advisers Services