Direction of Investments. The Manager in its sole discretion and in accordance with its normal business practices shall direct the Indenture Trustee, in accordance with the terms of the Indenture, as to which Eligible Investments it shall invest funds on deposit in the Trust Account, the Restricted Cash Account and each Series Account.
Direction of Investments. Except during the continuance of an Event of Default, the Borrower, with the written approval of the Purchaser, shall have the right during the Term of the Financing Agreement to direct the Trustee to invest or reinvest all monies held for the credit of Funds established by ARTICLE FIVE of the Indenture, subject, however, to the further conditions of ARTICLE SIX of the Indenture. #2 - Financing Agreement - 34 -
Direction of Investments. Except during the continuance of an Event of Default, the Company shall have the right during the Term of this Bond Lease to direct the Trustee to invest or reinvest all monies held for the credit of Funds established by Article VI of the Indenture, in such securities as are authorized by law, for such funds, subject, however, to the further conditions of Article VIII of the Indenture.
Direction of Investments. The Depositor shall have no right to direct the investment of the escrow account funds. Investments shall be directed by the Escrow Agent, subject to the provisions of the Act, the Regulations and the determination of DEP, as set forth in this Agreement.
Direction of Investments. Except during the continuance of an Event of Default, the Borrower shall have the right during the Term of Loan Agreement to direct the Trustee to invest or reinvest all money held for the credit of funds established by Article 5 of the Indenture in such securities as are authorized by law for such funds, subject, however, to the further conditions of Article 6 of the Indenture and Section 7.7 hereof. The Borrower acknowledges that regulations of the Comptroller of the Currency grant the Borrower the right to receive brokerage confirmations of security transactions as they occur. The Borrower specifically waives such right to notification to the extent permitted by law and acknowledges that they will receive periodic transaction statements that will detail all investment transactions.
Direction of Investments. An Alternate Payee has the right to direct the investment of the portion of the Participant’s benefit that is segregated for the Alternate Payee’s benefit pursuant to a QDRO in the same manner as the Participant.
Direction of Investments. 10 8.2 Investment in Company Stock................................................... 10 (a) Adopting Company Election................................................. 10 (b)
Direction of Investments. Shall Participants be permitted to direct the investment of each of their Accounts pursuant to Section 8.3 of the Master Plan?
Direction of Investments. (a) Each Participant shall direct the Custodian with respect to the investment of all of his or her contributions and earnings thereon. In the absence of specific Participant direction, the Custodian shall have no investment responsibility. The Custodian retains the discretion to refuse to accept an investment direction for any reason. The Custodian may condition its acceptance or continued holding of an investment to be held in or already held by the Custodial Account upon the receipt of an agreement from the Participant or Beneficiary containing such terms, conditions and representations and warranties as the Custodian shall determine. The Custodian's decision to permit the acceptance or continued holding of any investment in the Custodial Account shall constitute neither approval of the investment merits of the investment nor a judgement as to the prudence or advisability of the investment. The Custodian reserves the absolute right to revoke its decision to permit the holding in the Custodial Account of any investment at any time and for any reason (or to condition the continued holding of an investment upon the receipt of an agreement from the Participant or Beneficiary containing such terms, conditions and representations and warranties as the Custodian shall determine), and the Custodian shall have no liability for any loss, damage or expense suffered or incurred by the Participant or Beneficiary by reason of the revocation of the Custodian's decision (or imposition of such condition). If the Custodian notifies the Participant or Beneficiary that it revokes its decision or that it desires to condition its prior acceptance as aforesaid, then, within 30 days after such notice is given to the Participant or Beneficiary, the Participant or Beneficiary shall instruct the Custodian as to the liquidation, distribution, transfer, or other disposition of the investment to which the revocation of the Custodian's decision or conditioning applies or as to the acceptance of conditions, as applicable. If the Participant or Beneficiary fails to provide the Custodian with instructions or fails to satisfy the condition(s) required by the Custodian within such 30-day period, the Participant or Beneficiary shall be deemed to have elected to receive an in-kind distribution of such investment or, if the Custodian is imposing a condition to its continued holding of any investment and the condition solely is the payment of an additional administration fee to the Custodian,...
Direction of Investments. Except during the continuance of an Event of Default, the Borrower shall have the right during the Term of the Loan Agreement to direct the Trustee to invest or reinvest all money held for the credit of Funds established by Article IV of the Indenture in such securities as are authorized by the Act or other law for such funds, subject, however, to the further conditions of Article VI of the Indenture and Section 7.7 hereof. The Borrower acknowledges that to the extent regulations of the Comptroller of the Currency or any other regulatory entity grant the Borrower the right to receive brokerage confirmations of the security transactions as they occur, the Borrower specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the Borrower with periodic cash transaction statements that include the detail for all investment transactions made by the Trustee for all current and future accounts. For all investments held in any Fund, the Trustee may disclose the Borrower’s identity and contract information to the registrars of such investments for the purposes of providing notices and other communications related to the investments.
