Employer Directed Investments Sample Clauses

Employer Directed Investments. The Employer, by written direction to the Trustee, is authorized to designate all or a portion of the Trust assets of which the Employer will direct investments, and the Trustee may segregate such assets into one or more separate Accounts or administer the Trust as one Account. The Employer may direct the Trustee to invest all or a portion of the Trust assets in securities which constitute qualifying employer securities within the meaning of Section 407(d) of ERISA ("Qualifying Employer Securities"). Any such direction shall include a certification by the Employer that the acquisition and holding of such Qualifying Employer Securities does not constitute a prohibited transaction under Section 406 of ERISA or Section 4975 of the Code. In the event the Employer shall employ or appoint an Investment Manager to direct the Trustee with respect to all or a portion of the Trust, the Employer will notify the Trustee in writing of the appointment of an Investment Manager, including its name and address. Whether or not the Trust is segregated into separate Accounts, the Trustee shall invest such portion of the Trust as directed by the Employer or its duly appointed Investment Manager. The Trustee shall have no duty to question any action or direction of the Employer (provided that such action or direction is signed by one of the individuals indicated in Schedule A of this Agreement) or Investment Manager or any failure of the Employer or Investment Manager to give directions, or to review the securities or other investments which are held pursuant to the Employer's or Investment Manager's directions, or to make suggestions to the Employer or Investment Manager as to the investment, reinvestment, retention or disposition of any such assets. The Trustee shall not have any liability or responsibility for diversification of such assets, or for any loss to or the depreciation of such assets because of the purchase, retention or sale of assets in accordance with the Employer's or Investment Manager's direction. The Employer shall have responsibility for the overall diversification of the Trust.
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Employer Directed Investments. IF SO INDICATED IN THE ADOPTION AGREEMENT, THE TRUSTEE SHALL BE SUBJECT IN THE INVESTMENT, MANAGEMENT AND CONTROL OF THE FUND TO THE PROPERLY GIVEN DIRECTIONS OF THE PERSON, PERSONS OR COMMITTEE IDENTIFIED IN THE ADOPTION AGREEMENT OR CERTIFIED TO THE TRUSTEE BY AN OFFICER OF THE EMPLOYER. THE TRUSTEE SHALL NOT MAKE ANY INVESTMENT OR DISPOSE OF ANY INVESTMENTS IN THE FUND EXCEPT UPON THE EXPRESS VERBAL OR WRITTEN DIRECTION OF THE EMPLOYER. THE TRUSTEE SHALL BE UNDER NO DUTY TO QUESTION ANY INVESTMENT DIRECTION OF THE EMPLOYER, TO REVIEW OR MONITOR ANY SECURITIES OR PROPERTY HELD IN THE FUND, OR TO ADVICE THE EMPLOYER WITH RESPECT TO THE INVESTMENT, RETENTION OR DISPOSITION OF ANY ASSETS IN THE FUND. THE TRUSTEE IS ACTING PURSUANT TO AND IN RELIANCE ON SUCH DIRECTIONS SHALL BE FULLY AND COMPLETELY INDEMNIFIED AND HELD HARMLESS BY THE EMPLOYER FROM ANY LIABILITY, LOSS OR EXPENSE (INCLUDING LEGAL FEES) ARISING OUT OF ITS ACTIONS SO DIRECTED NOTWITHSTANDING THAT SUCH DIRECTIONS, AND THE TRUSTEE'S CONDUCT PURSUANT THERETO, MAY CONSTITUTE A BREACH OF FIDUCIARY OBLIGATIONS TO THE PLAN, THE PARTICIPANTS AND BENEFICIARIES. THE EMPLOYER MAY DIRECT THE TRUSTEE TO PURCHASE SHARES OF ANY REGULATED INVESTMENT COMPANY (MUTUAL FUND) FOR WHICH THE TRUSTEE OR ANY OF ITS AFFILIATES ACTS AS INVESTMENT ADVISOR OR OTHER SERVICE PROVIDER, PROVIDED, HOWEVER, THAT THE EMPLOYER (OR OTHER FIDUCIARY INDEPENDENT OF THE TRUSTEE) MUST FIRST ACKNOWLEDGE IT HAS RECEIVED THE CURRENT PROSPECTUS FOR THE MUTUAL FUND (INCLUDING THE FIRST AMERICAN FUNDS, INC. AND THE FIRST AMERICAN INVESTMENT FUNDS, INC.) AND A DETAILED DISCLOSURE OF THE INVESTMENT ADVISORY AND OTHER FEES CHARGED OR TO BE PAID BY THE PLAN AND THE EMPLOYER MUST APPROVE THE INVESTMENT ADVISORY FEE AND OTHER FEES PAID BY THE PLAN DIRECTLY OR THROUGH THE MUTUAL FUNDS AND THE INVESTMENT OF PLAN ASSETS IN THE MUTUAL FUND. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------

Related to Employer Directed Investments

  • Restricted Investments Make any Restricted Investment.

  • Restricted Investment Make or have, or permit any Subsidiary of Borrower to make or have, any Restricted Investment.

  • Investment Funds Unregistered general or limited partnerships or pooled investment vehicles and/or registered investment companies in which the Company (directly, or indirectly through the Master Fund) invests its assets that are advised by an Investment Manager.

  • Return of Employer Property Within five (5) days after the Employees termination of employment, Employee shall return to Employer all products, books, records, forms, specifications, formulae, data processes, designs, papers and writings relating to the business of Employer including without limitation proprietary or licensed computer programs, customer lists and customer data, and/or copies or duplicates thereof in Employee’s possession or under Employee’s control. Employee shall not retain any copies or duplicates of such property and all licenses granted to him by Employer to use computer programs or software shall be revoked on the termination date.

  • Charitable Contributions Make any charitable or similar contributions, except in amounts not to exceed five thousand dollars ($5,000) individually, and twenty thousand dollars ($20,000) in the aggregate.

  • Employer Contributions 8.1 Rates at which the Employer shall contribute for each hour of work performed on behalf of each employee employed under the terms of this Agreement are contained in the Appendices attached to and forming part of this Agreement. 8.2 Contributions shall be recorded on a remittance form and remitted to the designated recipient of such contributions on or before the fifteenth (15) day of the month following the month for which contributions are to be made. In the event that any Employer is delinquent in his contributions to the above funds for more than thirty (30) days, the Employer and the Association shall be notified of such delinquency. If after five (5) days from such notice such delinquency has not been paid, the Employer shall pay to the applicable funds, as liquidated damages and not as a penalty, an amount equal to ten percent (10%) of the arrears for the month, or part thereof, in which the Employer is in default. Thereafter, interest shall accumulate at the rate of two percent (2%) per month (24% per year compounded monthly) on any unpaid arrears, including liquidated damages. 8.3 The amounts to be designated as wages and/or Employer contributions to the above funds may be varied from time to time by agreement between the Association and the Union. 8.4 The Board of Trustees of the respective Trust Funds shall have authority to promulgate such agreements, plans and/or rules as may be necessary or desirable for the efficient and successful operation and administration of the said Trust Funds, including provisions for audit security, surety and/or liquidated damages to the extent that such may be necessary for the protection of the beneficiaries of such Trust Funds. 8.5 Any and all agreements, plans or rules established by the Boards of Trustees of the respective Trust Funds shall be appended hereto and shall be deemed to be part of and expressly incorporated herein and the Employer and the Union shall be bound by the terms and provisions thereof. 8.6 All employer contributions due and payable to the above funds, except industry promotion funds, shall be deemed and are considered to be Trust Funds. It is expressly understood that training funds and industry promotion funds are not wages or benefits due to an employee and industry promotion funds are dues for services rendered by the Association. 8.7 The Business Representative of the Local Union may inspect, during regular business hours, the Company's record of time worked by employees and contributions to the plan. 8.8 The Employer shall be responsible for the payment of any government sales taxes applicable to any trust fund contributions payable by the Employer.

  • Investment of Contributions At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

  • Qualified Charitable Distributions If you are age 70½ or older, you may take tax-free Xxxx XXX distributions of up to $100,000 per year and have these distributions paid directly to certain charitable organizations. Special tax rules may apply. For further detailed information and effective dates you may obtain IRS Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Distributions; Investments Directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.

  • Rollover Contributions A rollover is a tax-free distribution of cash or other assets from one retirement program to another. There are two kinds of rollover contributions to an IRA. Xx one, you contribute amounts distributed to you from one IRA xx another IRA. Xxth the other, you contribute amounts distributed to you from your employer's qualified plan or 403(b) plan to an IRA. X rollover is an allowable IRA xxxtribution which is not subject to the limits on regular contributions discussed in Part D above. However, you may not deduct a rollover contribution to your IRA xx your tax return. If you receive a distribution from the qualified plan of your employer or former employer, the distribution must be an "eligible rollover distribution" in order for you to be able to roll all or part of the distribution over to your IRA. Xxe portion you contribute to your IRA xxxl not be taxable to you until you withdraw it from the IRA. Xxur employer or former employer will give you the opportunity to roll over the distribution directly from the plan to the IRA. Xx you elect, instead, to receive the distribution, you must deposit it into the IRA xxxhin 60 days after you receive it. An "eligible rollover distribution" is any distribution from a qualified plan that would be taxable other than (1) a distribution that is one of a series of periodic payments for an employee's life or over a period of 10 years or more, (2) a required distribution after you attain age 70 1/2 and (3) certain corrective distributions. If the entire amount in your IRA xxx been contributed in a tax-free rollover from your employer's or former employer's qualified plan or 403(b) plan, you may later roll over the IRA xx a new employer's plan if such plan permits rollovers. Your IRA xxxld then serve as a conduit for those assets. However, you may later roll those IRA xxxds into a new employer's plan only if you make no further contributions to that IRA, xx commingle the IRA xxxlover funds with existing IRA xxxets.

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