Discretionary Authority. BROKERAGE - ING-IM shall have full and complete discretion to establish brokerage accounts in the name of the Client and execute transactions in securities markets in the name of the Client, pursuant to proper authorization from the Client, through one or more securities broker/dealer firms as ING-IM may select, including those which from time to time may furnish to ING-IM statistical and investment research information and other services. The Client accepts the Statement of Policy on Brokerage Practices which is attached to this Agreement as EXHIBIT "B" and incorporated herein by reference. This policy may be modified by ING-IM in consultation with the Client.
Discretionary Authority. 5.1 The Introducer represents and warrants that the provision of Discretionary Services by the Introducer to its customers will not violate any law, regulation, ordinance, charter, by-law or rule applicable to the Introducer or to the jurisdiction in which the Introducer or its customer is resident, and shall be provided at the absolute discretion of Pure Market.
5.2 If permitted by applicable law, the Introducer represents and warrants that it will not provide any Discretionary Services, nor will the Introducer permit any of the Introducer’s employees or consultants to exercise any Discretionary Services over the customers’ accounts, without first obtaining a signed power of attorney or trading authorisation from the customer and approval from the Company and or Companies (whichever is applicable).
5.3 Without limiting the Introducer’s compliance with clause 5.1, before performing any Discretionary Services for a Prospective Customer or an Existing Customer, the Introducer shall disclose to the customer in writing that:
5.3.1 the Discretionary Services are provided by the Introducer, not by the Company;
5.3.3 Pure Market bears no responsibility for the profitability of, and shall not be liable for any losses, costs, expenses or damages suffered by the customer arising from, Discretionary Services, advice, information or recommendations provided by the Introducer to the customer;
5.3.4 Margin Trading carries a high degree of risk to the customer’s capital and it is possible to lose more than the customer’s initial investment;
5.3.5 the customer should not engage in Margin Trading and enter into Discretionary Services agreement with the Introducer unless the customer understands all the risk and other significant aspects involved in dealing in such products and the true extent of the customer’s exposure to the risk of loss;
5.3.6 Margin Trading may not be suitable for all investors, therefore if the customer does not fully understand the risks involved, the customer should seek independent advice;
5.3.7 past performance does not guarantee future results; and
5.3.8 Pure Market reserves the right, in its sole discretion and whenever it deems so necessary or appropriate and for any cause whatsoever, to terminate the relationship and agreement with immediate effect and/or to refuse any Discretionary Services.
Discretionary Authority. By entering into this Agreement, you grant Blackfinch the full authority to manage your portfolio at our sole discretion and without prior reference to you or your Intermediary. We will acquire for your portfolio assets that Blackfinch reasonably believes at the time to be Qualifying Investments. We will abide by more specific investment objectives and restrictions (if any) that we commit to in the Blackfinch Ventures EIS Portfolios Brochure. We will, typically acting as your agent, buy and/ or sell one or more assets and otherwise act as we think appropriate in relation to the management of the portfolio, but subject always to the provisions of this Agreement. If we have express instructions from you, we will follow them and act (including as to the exercise of any voting rights) accordingly. If we do not have express instructions from you we will act (including as to the exercise of any voting rights) on your behalf using our discretion. You should note that any sale of assets by us may trigger tax consequences about which you should speak to your Intermediary or tax adviser. We are not responsible for the taxation consequences of any transaction.
Discretionary Authority. By entering into this Agreement, you grant Blackfinch the full authority to manage your portfolio at our sole discretion and without prior reference to you or your Financial Adviser. We will acquire for your portfolio, assets, which Blackfinch reasonably believes at the time to be qualifying assets, in accordance with the objectives and principles set out in the Adapt AIM Portfolios Brochure. We will buy and/or sell one or more assets and otherwise act as we think appropriate in relation to the management of the portfolio, but subject always to the provisions of this Agreement. There shall be no restriction on the amount invested in any one asset, or on the proportion of your portfolio in any one asset, or any particular type of asset, or on the markets on which transactions are effected, unless otherwise specified in the Adapt AIM Portfolios Brochure. You should note that any sale of assets by us may trigger tax consequences about which you should speak to your Financial Adviser or tax adviser. We are not responsible for the taxation consequence of any transaction. Under the FCA Rules we are obliged to operate an order execution policy designed to obtain the best available result for any order placed on your behalf taking into account the Execution Factors as detailed in the FCA Rules. Blackfinch’s order execution and allocation policies are available on request.
Discretionary Authority. The Adviser, whenever it deems appropriate may (i) buy, sell, exchange, convert, liquidate or otherwise trade in any stock, bonds and other securities (including money market instruments) and contracts relating to the same, and (ii) subject to its duty to seek best execution, place orders for the execution of such transactions with or through such brokers, dealers or issuers as the Adviser in its absolute discretion may select. It is understood that, to the extent permitted by Schedule A, the Adviser or Alliance Capital Global Derivatives Corporation, an affiliate of the Adviser, may also effect transactions for the Investment Account of the Client in options and futures and other commodity contracts. In such event, the Client will execute any additional documentation which the Adviser deems necessary to enable it or its affiliate to engage in such transactions on behalf of its Investment Account. The Client represents and warrants that it is familiar with the requirements of the Commodity Exchange Act and the National Futures Association pertaining to commodity pool operators and has determined that it is in compliance with such requirements, to the extent applicable.
Discretionary Authority. With respect to paying claims for benefits or determining eligibility for coverage under a policy issued by Humana, Humana as administrator for claims determinations and as XXXXX claims review fiduciary, shall have full and exclusive discretionary authority to:
Discretionary Authority. By entering into the Agreement, you grant Blackfinch the full authority to manage your portfolio of loans at our sole discretion and without prior reference to you or your intermediary. We will, at our discretion and through our Nominee Company, enter into our standard loan agreement with the borrower on your behalf as your agent on such terms as we see in accordance with the objectives and principles set out in the Blackfinch Corporate Management Service Brochure. The current standard loan agreement is appended to this Agreement. On entering the loan agreement as above, we will transfer the relevant amount from our Corporate Client Account to the borrower in order to give your shareholders the benefit of business relief on the value of your shares. It is at this point that you will start earning interest on the loan. Blackfinch, or any person we appoint for such purpose, shall have complete discretion regarding the management of the portfolio of loans including but not limited to the ability to:
1. select the loans that you will enter into;
2. execute the loans including the execution of any loan agreements on your behalf;
Discretionary Authority. The Committee shall have full discretionary authority in all matters related to the discharge of its responsibilities and the exercise of its authority under the Plan, including, without limitation, its construction of the terms of the Plan and its determination of eligibility for participation and Awards under the Plan. The decisions of the Committee and its actions with respect to the Plan shall be final, conclusive and binding on all persons having or claiming to have any right or interest in or under the Plan, including Participants and their respective estates, beneficiaries and legal representatives.
Discretionary Authority. Subject to the Investment Guidelines, the Adviser shall have full discretion and authority, without obtaining any prior approval, as the Client's agent and attorney-in-fact: (a) to make all investment decisions in respect of each Investment Account on the Client's behalf and at the sole risk of the Client; (b) to buy, sell, exchange, convert, liquidate or otherwise trade in any stock, bond and other securities or financial instruments in respect of each Investment Account; (c) to place orders with respect to, and to arrange for, any of the foregoing; and (d) in furtherance of the foregoing, to do anything which the Adviser shall deem requisite, appropriate or advisable in connection therewith, including, without limitation, the selection of such brokers, dealers, and others as the Adviser shall determine in its absolute discretion.
Discretionary Authority. Except as otherwise provided in this Agreement, the Company agrees that Associated shall have complete and total discretion with respect to when and how current benefits for Company employees will be integrated with the employee benefit programs offered by Associated and what steps shall be taken with respect to the Company’s Employee Benefit Plans.
