EMPLOYER DIRECTED INVESTMENTS Sample Clauses

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. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------
Sample 1
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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.
Sample 1

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.

  • Employer Profit Sharing Contributions An Employee will be eligible to become a Participant in the Plan for purposes of receiving an allocation of any Employer Profit Sharing Contribution made pursuant to Section 10 of the Adoption Agreement after completing ________ (enter 0, 1, 2 or any fraction less than 2)

  • Distributions; Capital Change; Restricted Investments Neither the Borrower nor any of its Subsidiaries shall (i) directly or indirectly declare or make, or incur any liability to make, any Distribution, except Distributions to the Borrower by its Subsidiaries, (ii) make any change in its capital structure which could have a Material Adverse Effect or issue any capital stock other than common stock or (iii) make any Restricted Investment.

  • Qualified Nonelective Contributions If the Employer, at the time of contribution, designates a contribution to be a qualified nonelective contribution for the Plan Year, the Advisory Committee will allocate that qualified nonelective contribution to the Qualified Nonelective Contributions Account of each Participant eligible for an allocation of that designated contribution, as specified in Section 3.04 of the Employer's Adoption Agreement. The Advisory Committee will make the allocation to each eligible Participant's Account in the same ratio that the Participant's Compensation for the Plan Year bears to the total Compensation of all eligible Participants for the Plan Year. The Advisory Committee will determine a Participant's Compensation in accordance with the general definition of Compensation under Section 1.12 of the Plan, as modified by the Employer in Sections 1.12 and 3.06 of its Adoption Agreement.

  • 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 On termination of employment with Employer for whatever reason, or at the request of the Employer before termination, Executive agrees to promptly deliver to Employer all records, files, computer disks, memoranda, documents, lists and other information regarding or containing any Confidential Employer Information, including all copies, reproductions, summaries or excerpts thereof, then in Executive’s possession or control, whether prepared by Executive or others. Executive also agrees to promptly return, on termination or the Employer’s request, any and all Employer property issued to Executive, including but not limited to computers, cellular phones, keys and credits cards. Executive further agrees that should Executive discover any Employer property or Confidential Employer Information in Executive’s possession after the return of such property has been requested, Executive agrees to return it promptly to Employer without retaining copies, summaries or excerpts of any kind.

  • 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 If Employer contributions are permitted, complete (a) and/or (b). Otherwise complete (c).

  • 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.

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