Change of Investments Sample Clauses

Change of Investments. Subject to any minimum investment requirement applicable to a Fund, the Employee (or his or her Beneficiary, if the Employee is deceased) may at any time direct the Custodian to redeem all or a specified portion of the shares of a Fund in the Employee's Account and to invest the net redemption proceeds in shares and fractional shares of one or more other Funds. The Employee (or Beneficiary) will give such directions by written notice acceptable to the Custodian, and the Custodian will process such directions as soon as practicable after receipt thereof. If any such directions are incomplete or ambiguous in the judgment of the Custodian or otherwise not in good order, the Custodian will refrain from carrying out any transactions until such incompleteness or ambiguity or other defect has been resolved to its satisfaction, without liability for any loss or change in investment values of Fund shares which occur pending the resolution of such incompleteness or ambiguity. Any sales or redemption fee or other charge payable in connection with any redemption will be paid from the Employee's Account. In the event that any Fund held in the Employee’s Account is liquidated or is otherwise made unavailable by the sponsor or Fund Distributor of such Fund as a permissible investment for the Account hereunder, the liquidation or other proceeds of such Fund shall be invested in accordance with the instructions of the Employee; if the Employee does not give such instructions, or if such instructions are unclear or incomplete in the opinion of the Custodian, the Custodian may invest such liquidation or other proceeds in such other Fund (including a money market fund if available) as the sponsor or Fund Distributor designates, and the Custodian will have no responsibility for such investment.
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Change of Investments. An Employee or his designated beneficiary or beneficiaries who has (have) survived the Employee and to whom distributions are being made (by unanimous agreement if there is more than one beneficiary) may direct in writing (or by any other manner of direction designated by Xxxxxxx Fund Distributors, Inc.) that the investment medium of the Accout be changed to stock of another Regulated Investment Company or Companies. However, if Xxxxxxx Fund Distributors, Inc. determines in its own judgment that there has been trading within the Account, any Regulated Investment Company may refuse to sell its shares to such Account. If the Employee's Account is invested in stock of more than one Regulated Investment Company, a separate account shall be kept with respect to the stock of each such Company, and he or they may designate the portion of any new contribution, withdrawal, or change of investment which is to be allocated to each such separate account.
Change of Investments. An Employee or his designated beneficiary or beneficiaries who has (have) survived the Employee and to whom distributions are being made (by unanimous agreement if there is more than one beneficiary) may direct that the investment medium of the Account or any portion thereof be changed to stock of another Regulated Investment Company or Companies which have been selected by the Employer as permitted investments under Section VII of the Employer Adoption Agreement. If the Employer determines in Section VIII of the Employer Adoption Agreement that such changes in the investment medium of the Account are to be made by such directions given to the Plan Administrator, such directions shall be given in writing by the Employee or by the Employee's said designated beneficiary or beneficiaries to the Administrator who shall instruct the Custodian in writing as to any such directed changes, and any such investment changes may be made at such times as are determined from time to time by the Employer in a uniform and nondiscriminatory manner with respect to all Employees. If the Employer determines in Section VIII of the Employer Adoption Agreement that such changes in the investment medium of the Account are to be made by such directions to be given directly to the Custodian, such directions shall be given by the Employee or by the Employee's said designated beneficiary or beneficiaries directly to the Custodian, either in writing or by any other manner of direction designated from time to time by the Employer in a uniform and nondiscriminatory manner with respect to all Employees, and such investment changes may be made at any time or times. However, if Xxxxxxx Fund Distributors, Inc. determines in its own judgment that there has been trading within the Account, any Regulated Investment Company may refuse to sell its shares to such Account. If the Employee's Account invested in stock of more than one Regulated Investment Company, a separate account shall be kept with respect to the stock of each such Company, and he or they may designate the portion of any new Contribution, withdrawal, or change of investment which is to be allocated to each such separate account. The provisions of this Part F of Article IV are subject to the provisions of Part G of this Article IV.

Related to Change of Investments

  • Sale of Investments Pursuant to Instruction, Investments sold for the account of the Fund shall be delivered (a) against payment therefor in cash, by check or by bank wire transfer, (b) by credit to the account of the Custodian or the applicable Subcustodian, as the case may be, with a Clearing Corporation or a Securities Depository (in accordance with the rules of such Securities Depository or such Clearing Corporation), or (c) otherwise in accordance with an Instruction, Applicable Law, generally accepted trade practices, or the terms of the instrument representing such Investment.

  • Purchase of Investments Pursuant to Instruction, Investments purchased for the account of the Fund shall be paid for (a) against delivery thereof to the Custodian or a Subcustodian, as the case may be, either directly or through a Clearing Corporation or a Securities Depository (in accordance with the rules of such Securities Depository or such Clearing Corporation), or (b) otherwise in accordance with an Instruction, Applicable Law, generally accepted trade practices, or the terms of the instrument representing such Investment.

  • Nature of Investment The Limited Partner acknowledges that prior to its execution of this Agreement, it received a copy of this Agreement and such other documents relating to the Partnership, the General Partner and the proposed activities of the Partnership as it deems relevant to its investment in the Partnership and that it has examined such documents or caused such documents to be examined by its attorney and financial advisers. The Limited Partner acknowledges that it understands that the purchase of its interest in the Partnership is a speculative investment involving a high degree of risk and represents that it has a net worth sufficient to bear the economic risk of its investment in the Partnership and to justify its investing in a highly speculative venture such as the Partnership.

  • Recapitalizations, etc The provisions of this Agreement shall apply, to the full extent set forth herein with respect to the Stock or the Options, to any and all shares of capital stock of the Company or any capital stock, partnership units or any other security evidencing ownership interests in any successor or assign of the Company (whether by merger, consolidation, sale of assets or otherwise) which may be issued in respect of, in exchange for, or substitution of the Stock or the Options by reason of any stock dividend, split, reverse split, combination, recapitalization, liquidation, reclassification, merger, consolidation or otherwise.

  • Reorganization, Reclassification, Consolidation, Merger or Sale (i) In case the Issuer after the Original Issue Date shall do any of the following (each, a "Triggering Event"): (a) consolidate or merge with or into any other Person and the Issuer shall not be the continuing or surviving corporation of such consolidation or merger, or (b) permit any other Person to consolidate with or merge into the Issuer and the Issuer shall be the continuing or surviving Person but, in connection with such consolidation or merger, any Capital Stock of the Issuer shall be changed into or exchanged for Securities of any other Person or cash or any other property, or (c) transfer all or substantially all of its properties or assets to any other Person, or (d) effect a capital reorganization or reclassification of its Capital Stock, then, and in the case of each such Triggering Event, proper provision shall be made so that, upon the basis and the terms and in the manner provided in this Warrant, the Holder of this Warrant shall be entitled upon the exercise hereof at any time after the consummation of such Triggering Event, to the extent this Warrant is not exercised prior to such Triggering Event, to receive at the Warrant Price in effect at the time immediately prior to the consummation of such Triggering Event in lieu of the Common Stock issuable upon such exercise of this Warrant prior to such Triggering Event, the Securities, cash and property to which such Holder would have been entitled upon the consummation of such Triggering Event if such Holder had exercised the rights represented by this Warrant immediately prior thereto (including the right of a shareholder to elect the type of consideration it will receive upon a Triggering Event), subject to adjustments (subsequent to such corporate action) as nearly equivalent as possible to the adjustments provided for elsewhere in this Section 4. Notwithstanding the foregoing to the contrary, this Section 4(a)(i) shall only apply if the surviving entity pursuant to any such Triggering Event is a public company that is registered pursuant to the Securities Exchange Act of 1934, as amended, and its common stock is listed or quoted on a national exchange or the OTC Bulletin Board. In the event that the surviving entity pursuant to any such Triggering Event is not a public company that is registered pursuant to the Securities Exchange Act of 1934, as amended, or its common stock is not listed or quoted on a national exchange or the OTC Bulletin Board, then the Holder shall have the right to demand that the Issuer pay to the Holder an amount equal to the value of this Warrant according to the Black-Scholes formula.

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