Authority and Limitations. 1.1 Subject to the provisions and restrictions contained in the Prospectus, Investment Guidelines and the 1940 Act, the Subadviser, acting as agent, will have complete discretion on behalf of the Adviser (without prior reference to the Adviser) to:
a. buy, sell, retain, exchange, or otherwise deal in investments (whether traded on an exchange or not) and other assets of any nature, make deposits, subscribe to issues and offers for sale and accept placings, underwritings and sub-underwritings of any investments, effect transactions on any markets, enter into spot or forward foreign exchange contracts, cause the Custodian to place and withdraw cash from deposit as and when the Subadviser thinks fit, take all day to day decisions and otherwise act as the Subadviser judges appropriate in relation to the management of the Portfolio;
b. deal collectively as agent for the Funds and for other clients including affiliates and in-house funds;
c. commit the Funds to underwriting or sub-underwriting any issue or offer for sale of securities of a type and to the extent permitted by the Guidelines;
d. borrow on behalf of the Funds to the extent set out in the Guidelines; e. buy, sell, hold and generally deal in investments the prices of which may be subject to stabilisation (stabilisation being the buying and selling of securities in order to stabilise or maintain the market price of the securities of a recent new issue); f. buy, sell and generally deal in foreign exchange as may be required for the management of the Funds, including for the purpose of hedging currency risk on holdings in investments in currencies other than the US Dollar;
g. arrange deals in non-readily realisable investments;
Authority and Limitations. In such capacity as the District’s designated agent, the Operator shall have full power and authority to act on the District’s behalf and to legally bind the District, subject, however, to the District’s control and the other conditions and limitations set forth in this Agreement. The Operator and the District shall implement such policies and procedures as may be necessary or appropriate to effect the activities contemplated by this Section 4.12 and to separately identify and segregate the equipment, material, supplies and services which the Operator is purchasing as agent for the District from those the Operator may be purchasing for its own or another Person’s account. Where necessary, appropriate or advisable, or required by the Louisiana Department of Revenue or other Governmental Body or Person, the Operator and the District shall execute and deliver such instruments, agreements, certificates or other evidence confirming the Operator’s designation, appointment and authority to act as the District’s agent as aforesaid.
Authority and Limitations. 11.1 Except as may otherwise be notified in writing by you to us, you hereby confirm that the Investment Management Account is and will remain legally and/or beneficially held by you (as appropriate). You further confirm that the Investment Management Account is free from any lien, charge or other encumbrance (except those in favour of any of the JPMorgan Companies and/or imposed by law or judicial decision) and that you have full power and authority to appoint us to deal with the portfolio in accordance with the Private Client Terms.
11.2 Subject to the Investment Information provided by you and the Investment Parameters agreed between the Parties, we will have:
11.2.1 complete discretion to act on your behalf as agent to buy, sell, retain, exchange, convert or otherwise deal in Investments, to subscribe to issues of securities, to accept placings, offers for sale, underwritings and sub-underwritings of any securities, to effect transactions on any markets, to enter into spot or forward foreign exchange contracts and to cause the Custodian to place and withdraw Cash from deposit, as and when we think fit or otherwise to act as we judge appropriate in relation to your Investment Management Account on the understanding that you will be bound by our acts under these Special Terms;
11.2.2 authority and power to effect or arrange transactions through or with any person, firm or company that we may select;
11.2.3 authority and power to commit you to underwriting any issue or offer for sale of securities and you will incur obligations as an underwriter or sub-underwriter;
11.2.4 authority and power to purchase, sell, hold and generally deal in and with all futures contracts (and any option on such contracts), including, without limitation, contracts for differences (for example, swaps) with respect to financial instruments, Precious Metals and any group or index of securities (or any interest therein based on the value thereof), and in connection therewith to cause the Custodian to deposit any margin payment or property as Collateral with any agent or broker and to grant security interests in such Collateral, all on such terms and conditions as we shall determine;
11.2.5 authority and power to buy, sell, hold, exchange, convert and generally deal in Regulated and/or Unregulated Collective Investment Schemes, including, but not restricted to, X.X. Xxxxxx Funds, provided that you hereby acknowledge that: (i) the prospectus for any X.X. Xxxxxx Fund included in your...
Authority and Limitations. 18.1 Subject to the terms and conditions of the Private Client Terms, we will buy, sell, exchange, deal with or otherwise dispose of your Investments and execute orders in relation to Investments on your behalf but, in each case, only upon your specific authorisation and not in the exercise of our discretion. Each such transaction will be either “execution only” or “advisory” in nature, as further described below.
18.2 An “execution only” transaction is a transaction in an Investment that we have not recommended to you or solicited you to enter into. In relation to an “execution only” transaction, if on the basis of the information that you have previously supplied to us in relation to your knowledge and experience and the risk profile of the Dealing and Advisory Account, we consider that it is not an appropriate or suitable Investment for you we may (but are not under any duty to) do one of the following:
18.2.1 we may accept your order but will warn you that it may not be appropriate or suitable for you and that you may be exposing yourself to risks that fall outside your knowledge and experience; or
18.2.2 we may refuse your order as provided for in the Relevant Regulatory Requirements and the Private Client Terms where we do not believe it is in your best interests to proceed.
18.3 An “advisory” transaction is a transaction in an Investment that we have recommended to you or in respect of which we have undertaken to provide advice to you. An advisory transaction may also be in relation to an Investment that we have solicited you to enter into or otherwise marketed to you. As noted in the section headed “Client Suitability Assessment” at the start of these Investment Services Special Terms, whenever we recommend an Investment to you, we will take reasonable steps to ensure that the suitability of the recommendation or solicitation is reasonable in all the circumstances, and with respect to derivative products that you purchase from or through us, to ensure that you have sufficient knowledge of such derivative products (unless you are eligible to be treated as a “professional investor” under the SFC’s Code of Conduct) and that you understand the nature and risks of such products and have sufficient net worth to be able to assume the risks and bear the potential losses of trading in such products. We shall determine suitability based on the information that you have provided to us and any other information which we consider to be appropriate.
18.4 The dea...
Authority and Limitations. 2.01 Subject to the Investment Guidelines (as defined in Section 3.01), the Client and Advisor hereby grant the Manager full power and authority to invest the Portfolio on a discretionary basis in the name of the Client as the Client’s agent. In connection therewith and subject to the Investment Guidelines, the Manager is authorized to make and implement investment decisions, including purchases, sales, exchanges and any other action that it deems is necessary or desirable for the best interest of the Client. Such authorization includes authority to execute (or cause to be so executed), in the name of and binding against the Client, such documents as it determines are desirable.
2.02 Subject to any restrictions in the Investment Guidelines, investments may be made in assets of any kind, whether issued by a domestic or foreign issuer, including without limitation securities of any open-end or closed-end investment vehicle registered under the Investment Company Act of 1940, as amended (the “40 Act”) (including any such investment company or investment trust sponsored or managed by the Manager or an affiliate).
2.03 To the extent authorized by the Investment Guidelines, the Client and the Advisor each authorize the Manager to invest the Portfolio in any of the registered, open-end investment companies listed in the Investment Guidelines for which the Manager or an affiliate serves as investment adviser (“JPMorgan Funds”). The Client and the Advisor each acknowledge that investments in JPMorgan Funds will be subject to the fees and expense ratios disclosed in the prospectus in effect for each such JPMorgan Fund. The Client and the Advisor each understand the Manager’s relationship with the JPMorgan Funds and approves the investment advisory and other fees paid by each JPMorgan Fund to the Manager and its affiliates through the Client’s investments in the JPMorgan Fund, recognizing that such fees may be higher than the advisory fee otherwise payable hereunder. The assets of the Portfolio subject to the advisory fee under Section 11 shall not include assets invested in JPMorgan Funds. The Client and the Advisor each represents that it has received a JPMorgan Funds Disclosure Statement, applicable prospectuses and other materials pertaining to such JPMorgan Funds. Notwithstanding anything herein to the contrary, the Client and the Advisor each acknowledge that this Agreement shall not limit or otherwise restrict the Manager’s or its affiliates’ rights, duties or...
Authority and Limitations. 4. Provided GA is properly licensed and appointed with Company, GA is authorized to solicit applications for insurance policies on the lives and health of people satisfactory to Company and to collect initial premium payments, but only through checks, drafts or money orders made payable to the applicable underwriting Company. GA agrees that all cash, checks or monies received by GA for or on behalf of Company shall be held by GA in trust for Company and shall be promptly submitted to Company in accordance with the Company’s rules and practices.
5. GA is authorized to: (a) recommend licensed Agents or General Agents for appointment and assignment to GA. GA acknowledges and agrees that Company reserves the right to reassign, terminate, refuse to appoint, and/or contract with any such Agents or General Agents in Company’s sole discretion. (b) recruit, train and supervise Agents and General Agents appointed by Company and assigned to GA (such Agents and General Agents are referred to as “Agency”) to solicit applications for insurance policies on the lives and health of people satisfactory to Company.
6. GA’s authority to represent Company is expressly limited to the terms of this Contract. By entering into this Contract and accepting Company’s authorizations, GA agrees to the following:
(a) To be knowledgeable of, and comply with, all applicable licensing requirements, laws and regulations of the jurisdiction(s) in which GA operates; to ensure that Agency appointed under the terms of this contract comply with all applicable licensing requirements in the jurisdiction(s) in which they conduct business and to monitor their continued compliance of such laws by completing all required continuing education or other licensing requirements; and to notify Company immediately if any such license is terminated, suspended or revoked;
(b) To be knowledgeable of and comply with the rules, policies and procedures of Company, including but not limited to: market conduct standards, ethical guidelines, underwriting practices, application procedures, policy delivery procedures, licensing and appointment practices, client services and support responsibilities, and all other areas of conduct of Company as contained in rate manuals, field guides, authorized software, and other communications directed to GA from time to time by Company;
(c) To be competent and knowledgeable in the insurance products for which GA is authorized to solicit applications and in the consumer needs they ar...
Authority and Limitations. Volumatic shall not sell or ship OMAL Products to or for the use of other distributors, dealers or end users in the U.S. without ATS' prior written consent.
Authority and Limitations. Xxxxx shall have the authority and be responsible for all marketing and sales of the Company's products and services, including the responsibility to develop and implement plans for the marketing and sales of such products and services and the authority to hire and fire (subject to the Company's rules, policies and procedures) employees of the Company who provide services related to the marketing and sales of such products and services. Xxxxx shall receive the same notice of meetings and written consent actions of the Boards of Directors of nSTI and the Company as are required to be given to the Directors thereof and be entitled to attend all such meetings as a non-voting participant, and shall attend such meetings if requested by either Board of Directors for the purpose of reporting and making presentations to the Directors. Xxxxx shall have such other authority, responsibilities and duties, and be subject to such limitations, as the Board of Directors of the Company (the "Board") and Xxxxx may mutually agree. Xxxxx agrees that throughout his employment hereunder, he will (a) faithfully discharge such authority, responsibilities and duties in accordance with this Agreement, (b) devote his entire time, good faith, best efforts, ability, skill and attention to the business of the Company, and (c) follow and act in accordance with all of the Company's rules, policies and procedures.
Authority and Limitations. A. Each of the signatories will conduct activities under this Agreement within the scope of, and to the extent authorized by, their existing statutory authorities.
B. Participating in the ICLN to strengthen early detection and coordinated consequence management is consistent with the policy direction contained in Homeland Security Presidential Directives (HSPDs) 9, 10, 21, and 22.
C. This Agreement is an agreement among the signatories, including components of the signatories’ organizations, and does not create or confer any right or benefit on any other person or party, private or public. Nothing in this Agreement is intended to restrict the authority of any signatory to act as provided by law or regulation, or to restrict any Department or Agency from enforcing any laws within its authority or jurisdiction.
D. All commitments arising from this Agreement are subject to each signatory’s budget priorities and the availability and limitations on the use of appropriated funds for such purposes. If any signatories, or representatives of components of signatories’ organizations, determine it would be appropriate to utilize each other’s network capacity, they may enter into any further necessary agreements or arrangements in accordance with the Economy Act or other applicable laws, regulations, and procedures. However, nothing in this Agreement obligates any of the signatories to expend appropriations or to enter into any contract, assistance agreement, or interagency agreement or arrangement, or to incur other financial obligations.
E. Nothing in this Agreement supersedes information-sharing requirements in U.S. laws or regulations. If necessary and appropriate to further this Agreement, signatories or representatives of components of signatories’ organizations may enter into information-sharing agreements.
F. Nothing in this Agreement impairs or otherwise affects the authority of the heads of the signatory organizations over the organizations, including, in the case of the Department of Defense, the chain of command for military forces from the President as Commander in Chief, to the Secretary of Defense, to the Combatant Commands and Military Departments, or military command and control procedures.
Authority and Limitations. 1.1 Subject to the provisions and restrictions contained in the Prospectus, Investment Guidelines and the 1940 Act, the Subadviser, acting as agent, will have complete discretion on behalf of the Adviser (without prior reference to the Adviser) to:
a. buy, sell, retain, exchange, or otherwise deal in investments (whether traded on an exchange or not) and other assets of any nature, make deposits, subscribe to issues and offers for sale and accept placings, underwritings and sub-underwritings of any investments, effect transactions on any markets, enter into spot or forward foreign exchange contracts, cause the Custodian to place and withdraw cash from deposit as and when the Subadviser thinks fit, take all day to day decisions and otherwise act as the Subadviser judges appropriate in relation to the management of the Portfolio; deal collectively as agent for the Funds and for other clients including affiliates and in-house funds;
b. commit the Funds to underwriting or sub-underwriting any issue or offer for sale of securities of a type and to the extent permitted by the Guidelines;
x. xxxxxx on behalf of the Funds to the extent set out in the Guidelines; d. buy, sell, hold and generally deal in investments the prices of which may be subject to stabilization (stabilization being the buying and selling of securities in order to stabilize or maintain the market price of the securities of a recent new issue); e. buy, sell and generally deal in foreign exchange as may be required for the management of the Funds, including for the purpose of hedging currency risk on holdings in investments in currencies other than the US Dollar;
f. arrange deals in non-readily realizable investments;
g. issue instructions to the custodian in respect of the Funds;
h. subject to final approval and execution by a Trust officer, initiate negotiation of counterparty and account opening documentation on the Funds behalf, whether or not on market standard terms, as the Subadviser sees fit; and i. buy, sell, hold and generally deal in Collective Investment Schemes including Unregulated Collective Investment Schemes as well as those regulated in the United Kingdom or any other jurisdiction, including in-house funds.
1.2 Subject to the requirements of the 1940 Act and the Advisers Act, the Subadviser may deal on such markets or exchanges and in relation to such counterparties as it sees fit and effect, arrange or clear transactions through or with any person, firm or company that the Suba...
