Common use of Duties and Powers of Investment Manager Clause in Contracts

Duties and Powers of Investment Manager. 4.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.2. 4.2 Subject to the Agreed Strategy and Clauses 5 and 6 hereto, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon: (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 Subject to Clause 4 and Clause 6.4 the Investment Manager shall have authority: (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.2. 4.2 Subject to the Agreed Strategy and Clauses 5 and 6 hereto, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon:upon:‌ (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 Subject to Clause 4 and Clause 6.4 the Investment Manager shall have authority:authority:‌ (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 ‌ 3.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-sub- clause 4.23.2. 4.2 3.2 Subject to the Agreed Strategy and Clauses 4 and 5 and 6 hereto, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon:upon:‌ (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 3.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 3.4 Subject to Clause 4 and Clause 6.4 5.4 the Investment Manager shall have authority:authority:‌ (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 3.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 3.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 3.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 3.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 3.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.23.2. 4.2 3.2 Subject to the Agreed Strategy Clauses 4 and Clauses 5 and 6 hereto5, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon: (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 3.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 3.4 Subject to Clause 4 and Clause 6.4 5.4 the Investment Manager shall have authority: (a) authority on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) , to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) activity expressly authorised by the Client and to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 3.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 clause 3.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 3.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 3.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 3.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.23.2. 4.2 3.2 Subject to the Agreed Strategy and Clauses 4 and 5 and 6 hereto, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon: (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 3.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 3.4 Subject to Clause 4 and Clause 6.4 5.4 the Investment Manager shall have authority: (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 3.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 clause 3.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 3.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 3.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 3.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.23.2. 4.2 3.2 Subject to the Agreed Strategy Clauses 4 and Clauses 5 and 6 hereto5, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon: (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 3.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 3.4 Subject to Clause 4 and Clause 6.4 5.4 the Investment Manager shall have authority: (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 3.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 clause 3.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 3.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 3.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.

Duties and Powers of Investment Manager. 4.1 ‌ 3.1 The Investment Manager will manage the Investment Fund on behalf of the Client and shall have full power, discretion and authority from time to time, subject to the Agreed Strategy and Clause 4, to invest the Investment Fund in such manner as the Investment Manager shall think fit and in such investments as are specified in sub-clause 4.23.2. 4.2 3.2 Subject to the Agreed Strategy and Clauses 4 and 5 and 6 hereto, the Investment Manager shall have authority on behalf of the Client to invest the Investment Fund both within and outside Australia in or upon:upon:‌ (a) stocks, bonds or securities issued or guaranteed by any government whether federal, state, local or municipal or by any semi-governmental or statutory body; (b) deposits with any bank or with any company declared pursuant to paragraph 65 of the Corporations Act to be an authorised dealer in the short term money market or with any other company with or without security; (c) ordinary shares (fully paid or contributing), stock, preference shares or stock, share warrants, rights or share options of any limited or no liability company; (d) debentures, unsecured notes (whether convertible into shares or not) of any limited liability company which is or any of whose holding companies is or whose ultimate parent company is listed upon a stock exchange; (e) mortgages over freehold or leasehold property; (f) the purchase or acquisition of freehold or leasehold interests in real property; (g) investments in which trustees are for the time being authorised by the laws of any State or Territory of the Commonwealth of Australia to invest trust funds; (h) bills of exchange, promissory notes, negotiable certificates of deposit and other negotiable instruments; (i) units or sub-units of any unit trust; (j) deposits with official and unofficial dealers in the short-term money market in Australia; (k) the currencies of any country or contracts for the spot purchase or sale of the currencies; and (l) any dealings in options; and whether or not involving any Liability. 4.3 3.3 The Investment Manager shall have authority at its sole discretion to vary, realise, sell or otherwise dispose of or deal in all or any part of the Investment Fund from time to time. 4.4 3.4 Subject to Clause 4 and Clause 6.4 5.4 the Investment Manager shall have authority:authority:‌ (a) on behalf of the Client to underwrite the issue or sale of securities of all kinds; (b) to enter into currency hedging arrangements, interest rate swaps and to undertake any other profit-making activity, and (c) to apply the Investment Fund in satisfaction of any obligations arising as a result of any such underwriting arrangement, swap or activity. 4.5 3.5 Notwithstanding anything hereinbefore contained the Investment Manager shall not make any investment or enter into any of the transactions referred to in sub-clause 4.4 if as a result thereof the aggregate of all liabilities arising as a result thereof would exceed the value of the Investment Fund. 4.6 The Investment Manager shall have authority to delegate any of its responsibilities and powers under this Agreement and/or to assign or novate the benefits, burdens and obligations under this agreement to such person or persons as it thinks fit, provided there is no material change to the manner in which the Investment Fund is managed on behalf of the Client. 4.7 The Investment Manager shall have authority to do all such things and authorise the execution of all such documents as may be necessary to manage the Investment Fund on behalf of the Client.