Duties of Xxxxx Xxxxx. The Trust hereby employs Xxxxx Xxxxx to act as investment adviser for and to manage the investment and reinvestment of the assets of the Fund and to administer the Fund’s affairs, subject to the supervision of the Trustees of the Trust, for the period and on the terms set forth in this Agreement. Xxxxx Xxxxx hereby accepts such employment, and undertakes to afford to the Trust the advice and assistance of Xxxxx Xxxxx’x organization in the choice of investments, in the purchase and sale of securities and in the administration of the Fund and to furnish for the use of the Fund office space and all necessary office facilities, equipment and personnel for servicing the investments of the Fund and for administering its affairs and to pay the salaries and fees of all officers and Trustees of the Trust who are members of Xxxxx Xxxxx’x organization and all personnel of Xxxxx Xxxxx performing services relating to research and investment and administrative activities. Xxxxx Xxxxx shall for all purposes herein be deemed to be an independent contractor and shall, except as otherwise expressly provided or authorized, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust. In connection with its responsibilities as administrator of the Fund, Xxxxx Xxxxx will: · assist in preparing all annual, semi-annual and other reports required to be sent to Fund shareholders and/or filed with the Securities and Exchange Commission (“SEC”), and arrange for such filing and printing and dissemination of such reports to shareholders; · prepare and assemble all reports required to be filed by the Trust on behalf of the Fund with the SEC on Form N-SAR, or on such other form as the SEC may substitute for Form N-SAR, and file such reports with the SEC; · review the provision of services by the Fund’s independent public accounting firm, including, but not limited to, the preparation by such firm of audited financial statements of the Fund and the Fund’s federal, state and local tax returns; and make such reports and recommendations to the Trustees of the Trust concerning the performance of the independent accountants as the Trustees deem appropriate; · arrange for the filing with the appropriate authorities all required federal, state and local tax returns; · arrange for the dissemination to shareholders of the Fund’s proxy materials, and oversee the tabulation of proxies by the Fund’s transfer agent or other duly authorized proxy tabulato...
Duties of Xxxxx Xxxxx. The Trust hereby employs Xxxxx Xxxxx to act as investment adviser for and to manage the investment and reinvestment of the assets of the Trust and to administer its affairs, subject to the supervision of the Trustees of the Trust, for the period and on the terms set forth in this Agreement. Xxxxx Xxxxx hereby accepts such employment, and undertakes to afford to the Trust the advice and assistance of Xxxxx Xxxxx’x organization in the choice of investments, in the purchase and sale of securities and in the administration of the Trust and to furnish for the use of the Trust office space and all necessary office facilities, equipment and personnel for servicing the investments of the Trust and for administering its affairs and to pay the salaries and fees of all officers and Trustees of the Trust who are members of Xxxxx Xxxxx’x organization and all personnel of Xxxxx Xxxxx performing services relating to research and investment and administrative activities. Xxxxx Xxxxx shall for all purposes herein be deemed to be an independent contractor and shall, except as otherwise expressly provided or authorized, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust. Xxxxx Xxxxx shall provide the Trust with such investment management and supervision as the Trust may from time to time consider necessary for the proper supervision of the Trust. As investment adviser to the Trust, Xxxxx Xxxxx shall furnish continuously an investment program and shall determine from time to time what securities and other investments shall be acquired, disposed of or exchanged and what portion of the Trust’s assets shall be held uninvested, subject always to the applicable restrictions of the Declaration of Trust (“Declaration of Trust”), By-Laws and registration statement of the Trust under the Investment Company Act of 1940, all as from time to time amended. Xxxxx Xxxxx is authorized, in its discretion and without prior consultation with the Trust, to buy, sell, and otherwise trade in any and all types of securities, commodities and investment instruments on behalf of the Trust. Should the Trustees of the Trust at any time, however, make any specific determination as to investment policy for the Trust and notify Xxxxx Xxxxx thereof in writing, Xxxxx Xxxxx shall be bound by such determination for the period, if any, specified in such notice or until similarly notified that such determination has been revoked. Xxxxx Xxxxx shall take, on...
Duties of Xxxxx Xxxxx. 4.1 Subject always to the general or specific instructions and directions of the chief executive officer ("CEO") and the directors (the "Directors") of the Company, Xxxxx Xxxxx shall have full power and authority to provide the Services on behalf of the Company in his capacity as the Chief Financial Officer of the Company.
4.2 Xxxxx Xxxxx shall:
(a) conform to all lawful instructions and directions from time to time given to him by the CEO and Directors of the Company;
(b) devote sufficient time and attention to the business and affairs of the Company; and
(c) well and faithfully serve the Company and use his best efforts to promote the interests of the Company
Duties of Xxxxx Xxxxx. (a) Xxxxx-Xxxxx shall have full control of the business of the Company, subject to the overall management and control of the Board of Directors of the Company. During the term of this Agreement, Xxxxx-Xxxxx shall use reasonable efforts to provide the Company with such senior management, treasury, financial and administrative (including marketing and sales) services on those matters as are within Xxxxx-Xxxxx'x expertise, as may be reasonably required from time to time by the Company. Such services shall include, among other things, the following duties and responsibilities (and Xxxxx-Xxxxx shall have full authority to carry out the following for and in the name of the Company):
(i) to supervise, oversee and direct the operation, improvements, maintenance and repair of the Company's mill and related plant, facilities and equipment;
(ii) to enter into for and in the name of the Company such contracts, agreements and other arrangements for (A) the purchase, lease or other acquisition of timberlands and timber rights, (B) the supply of wood and other necessary materials or goods and (C) the production, sale, delivery and distribution of newsprint, in each case, as Xxxxx- Xxxxx may xxxx necessary or desirable.
(iii) to use its reasonable efforts to market, price and sell newsprint, in bone fide, arms' length transactions for the best price obtainable by Xxxxx- Xxxxx using its reasonable efforts;
(iv) to xxxx, invoice, collect and receive all payments from customers for sales of newsprint, paper, inventory and other products and by-products of the Company's mill as agent for the Company and to remit to the Company's bank account or accounts referred to in paragraph (xiii) below all such payments on the business day following availability of the funds for such payments.
(v) to execute, for and in the name of the Company, any and all contracts, agreements, instruments or documents of any kind, which Xxxxx-Xxxxx may deem appropriate in conducting the business of the Company and use reasonable efforts to renew, amend or assign existing contracts entered into by the Newsprint Sales division of Xxxxx-Xxxxx and newsprint customers so that, thereafter, such contracts are between the Company and such customers;
(vi) to acquire for and in the name of the Company by purchase or otherwise, to own, hold, sell, assign, or otherwise dispose of real and personal property of any kind and wheresoever situate (including, without limitation, to grant easements and rights of way in c...
Duties of Xxxxx Xxxxx. Xxxxx Xxxxx agrees:
Duties of Xxxxx Xxxxx
