Appointment of Investment Managers. The Committee from time to time may appoint one or more Investment Managers (as that term is defined in Section 3(38) of ERISA) to manage (including the power to acquire and dispose of) all or any portion or portions of the Trust. The Committee may enter into such agreements setting forth the terms and conditions of any such appointment as it determines to be appropriate. The Committee shall retain the right to remove and discharge any Investment Manager. The compensation of such Investment Managers shall be an expense payable by RadioShack. The Committee shall notify the Trustee of the appointment of any Investment Manager by delivering to the Trustee an executed copy of the agreement under which such Investment Manager was appointed together with a written acknowledgment by such Investment Manager that it is:
(a) a fiduciary with respect to the Plan,
(b) bonded as required by ERISA, and
(c) either
(i) registered as an investment advisor under the Investment Advisers Act of 1940, or
(ii) a bank as defined in said Act, or
(iii) an insurance company qualified to perform investment management services under the laws of more than one state of the United States. The Trustee shall be entitled to rely upon such notice until such time as the Committee shall notify and direct the Trustee in writing that another Investment Manager has been appointed, or in the alternative, that the Investment Manager has been removed. In each case where an Investment Manager is appointed, the Committee shall determine the assets of the Trust to be allocated to the Investment Manager from time to time and shall issue appropriate instructions to the Trustee with respect thereto. The Trustee shall carry out the written instructions of any Investment Manager with respect to the management and investment of the assets then under control of such Investment Manager and shall not incur any liability on account of its compliance with such instructions. Purchase and sale orders may be placed without the intervention of the Trustee and, in such event, the Trustee’s sole obligation shall be to make payment for purchased securities and deliver those that have been sold when advised of the transaction. The Trustee shall not incur any liability on account of its failure to exercise any of the powers delegated to any Investment Manager because of the failure of such Investment Manager to give instructions for the management of the assets under the control of such Investment Manager. The Trustee sh...
Appointment of Investment Managers. Section 5.1. The Company may appoint one or more Investment Managers with respect to some or all of the assets of the Fund as contemplated by section 402(c)(3) of ERISA. Any such investment manager shall acknowledge to the Company in writing that it accepts such appointment and that it is an ERISA fiduciary with respect to the Plan and the Fund. The Company shall provide the Trustee with a copy of the written agreement (and any amendments thereto) between the Company and the Investment Manager. By notifying the Trustee of the appointment of an Investment Manager, the Company shall be deemed to certify that such Investment Manager meets the requirements of section 3(38)
Appointment of Investment Managers. (1) The Committee may appoint one or more Investment Managers to direct theinvestment of all or part of the Trust, which investments shall be made in accordance with the terms of the applicable Investment ManagerAgreement(s) and the existing investment policies and procedures applicable to the Company’s nuclear decommissioning trusts, which policies and procedures may be updated from time to time by the Committee (provided that any amendment thereof shall require CPUC Approval) (the “Investment Policy”). The Committee shall also have theright to remove any such Investment Manager.
(2) The appointment of the Investment Manager(s) shall be made in accordancewith any procedures specified by the Committee. The Committee shall provide notice of any such appointment by Certification to the Trustee, which notice shall specify the portion, if any, of the Trust with respect to which the Investment Manager(s) has been designated.
(3) The Investment Manager(s) shall certify in writing to the Trustee that it is qualified to act in the capacity provided under the Investment Manager Agreement, shall accept its appointment as such Investment Manager(s), shall certify the identity of the person or persons authorized to give instructions or directions to the Trustee on its behalf, including specimen signatures, and shall undertake to perform the duties imposed on it under the Investment Manager Agreement. The Trustee may continue to rely upon all such certifications unless otherwise notified in writing by the Committee or the Investment Manager(s), as the case may be.
(4) The Investment Manager(s) shall have the power, subject to the terms of the applicable Investment Manager Agreement, to invest and reinvest all or any part of the Trust, including any undistributed income therefrom, in accordance with the Investment Policy. In all cases, however, the investments must be sufficiently liquid to enable the Trust to fulfill the purposes of the Trust and to satisfy obligations as they become due.
Appointment of Investment Managers. The Committee may appoint one or more Investment Managers to manage, or to select one or more Investment Managers to manage, all or part of the Trust Fund and enter into an agreement with the Investment Manager(s). If an Investment Manager is appointed, it shall have the appurtenant investment authority of the Trustee specified in Section 6.1, as limited by investment guidelines adopted by the Committee, with respect to the portion of the Trust Fund over which it has investment discretion, and the Trustee’s duties with respect to that portion of the Trust Fund shall be limited to following the instructions of the Investment Manager.
Appointment of Investment Managers. The Board, from time to time, may appoint one or more independent Investment Managers, pursuant to a written investment management agreement describing the powers and duties of the Investment Manager, to direct the investment and reinvestment of all or a portion of the Trust which shall be separately accounted for as a sub-account (hereinafter referred to as an “Investment Account”). The Board shall determine that each Investment Manager is a fiduciary to the Board and Trust with demonstrated expertise in the type of investments authorized by the Board and, is entitled (under its investment management agreement) to direct the investment and reinvestment of the Investment Account for which it is responsible, in its sole and independent discretion and without limitation, except for any limitations which from time to time the Board determines shall modify the scope of such authority. If an Investment Manager is appointed, it shall have the authority of the Bank specified in Section 5.1 hereof with respect to the Investment Account over which it has investment discretion and the Bank’s duties with respect to such Investment Account shall be limited to following the instructions of the Investment Manager. Provided that an Investment Manager is prudently selected and monitored by the Board, the Board shall have no liability (a) for the acts or omissions of such Investment Manager; (b) for following directions of such Investment Manager which are given in accordance with this Trust Agreement; or (c) for any loss of any kind which may result by reason of the manner of division of the Trust into Investment Accounts.
Appointment of Investment Managers. (a) In its sole and absolute discretion, the Board may, from time to time, by notice to the Custodian, appoint one or more Investment Managers to manage and invest (including the power to acquire and dispose of) all or a portion of the assets of the Trust Fund. Such appointments shall generally be made in consultation with the Investment Committee.
(b) In the event that more than one Investment Manager is appointed, the Board or the Investment Committee shall separately segregate, or request the Custodian or sub-custodian to segregate, each portion of the assets constituting the account to be managed by each respective Investment Manager into a separate Investment Manager Account.
(c) The Board or the Investment Committee may also supervise and direct the investment of any portion of the Trust Fund that is not subject to the management and control of an Investment Manager, by exercising any of the powers set forth in Section 5.5 with respect to the Securities or Real Property or Interests in Real Property of the Trust Fund so invested.
Appointment of Investment Managers. Section 6.1 The Employer may appoint one or more investment managers within the meaning of ERISA Section 3(38). The Employer shall provide the Trustee with a copy of its agreement with the investment manager and shall be deemed in providing such copy, to certify that such investment manager meets the requirements of section 3(38)
Appointment of Investment Managers. Anaheim may appoint one or more investment managers (the “Investment Managers”) to direct the investment of all or part of the Trust Funds. Anaheim shall also have the right to remove any such Investment Manager. The appointment of the Investment Manager(s) shall be made in accordance with the Funding Agreement. Anaheim shall provide notice of any such appointment to the Trustee which notice shall specify the portion of the Trust Funds with respect to which the Investment Manager has been designated. Each Investment Manager shall certify in writing to the Trustee that it is qualified to act in the capacity provided under the relevant investment manager agreement, shall accept its appointment as such Investment Manager, shall certify the identity of the person or persons authorized to give instructions or directions to the Trustee on its behalf, including specimen signatures, and shall undertake to perform the duties imposed on it under the relevant investment manager agreement. The Trustee may continue to rely upon all such certifications unless otherwise notified in writing by Anaheim or the Investment Manager(s), as the case may be. Anaheim may also utilize, as a Trust Account investment, pooled funds that are SEC-registered mutual funds, bank commingled funds, insurance company pooled funds or pooled funds of registered investment advisors whose portfolio is designed to track an equity or fixed income market index. Acting upon Anaheim’s direction, the Trustee will procure for the Trust Account a pooled fund and will take the actions necessary to insure that the pooled fund’s value is properly reflected on the account statement.
Appointment of Investment Managers. (a) In its sole and absolute discretion, the Board may, from time to time, by notice to the Custodian, appoint one or more Investment Managers to manage and invest (including the power to acquire and dispose of) all or a portion of the assets of the Trust Fund.
(b) In the event that more than one Investment Manager is appointed, the Board shall separately segregate, or request the Custodian or sub-custodian to segregate, each portion of the assets constituting the account to be managed by each respective Investment Manager into a separate Investment Manager Account.
(c) The Board may also supervise and direct the investment of any portion of the Trust Fund that is not subject to the management and control of an Investment Manager by exercising any of the powers set forth in Section 5.5 of Article V of this Agreement with respect to the Securities or Real Property or Interest in Real Property of the Trust Fund so invested.
Appointment of Investment Managers. 1. Subject to Plan Section 7.22(D), the Plan Administrator may appoint one or more Investment Managers with respect to some or all of the assets of the Fund as contemplated by section 402(c)(3) of ERISA. Any such investment manager shall acknowledge to the Plan Administrator in writing that it accepts such appointment and that it is an ERISA fiduciary with respect to the Plan and the Fund. The Plan Administrator shall provide the Trustee with a copy of the written agreement (and any amendments thereto) between the Plan Administrator and the Investment Manager. By notifying the Trustee of the appointment of an Investment Manager, the Plan Administrator shall be deemed to certify that such Investment Manager meets the requirements of section 3(38)
