Engagement of the Manager. The Manager is hereby authorized by each Securitization Entity, and hereby agrees, to perform the Services (or refrain from the performance of the Services) subject to and in accordance with the Managing Standard and the terms of this Agreement, the other Transaction Documents and the Managed Documents. With respect to the IP Services, the Manager shall perform such IP Services in accordance with the Managing Standard and the IP License Agreements, unless a Guarantor determines, in its sole discretion, that additional action is necessary or desirable in furtherance of the protection of the Securitization IP, in which case the Manager shall perform such IP Services and additional related services as are reasonably requested by such Guarantor. The Manager, on behalf of the Securitization Entities, shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement and in accordance with the Managing Standard, the Indenture and the other Transaction Documents, to do and take any and all actions, or to refrain from taking any such actions, and to do any and all things in connection with performing the Services that the Manager determines are necessary or desirable. Without limiting the generality of the foregoing, but subject to the provisions of this Agreement, the Indenture and the other Transaction Documents, including Section 2.8, the Manager, in connection with performing the Services, is hereby authorized and empowered to execute and deliver, in the Manager’s own name (in its capacity as agent for the applicable Securitization Entity) or in the name of any Securitization Entity (pursuant to the applicable Power of Attorney), on behalf of any Securitization Entity any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Managed Assets. For the avoidance of doubt, the parties hereto acknowledge and agree that the Manager is providing Services directly to each applicable Securitization Entity. Nothing in this Agreement shall preclude the Securitization Entities from performing the Services or any other act on their own behalf at any time and from time to time.
Engagement of the Manager. The Partnership hereby engages the Manager as the Partnership’s managing agent, and the Manager accepts its engagement by the Partnership, to manage, operate, direct and exercise full and exclusive control over the business and affairs of the Partnership, subject to the restrictions contained in this Agreement, the Amended and Restated Agreement of Limited Partnership, dated as of August 8, 2006, between the Manager and the Partnership (as amended from time to time, the “Partnership Agreement”), and the Amended and Restated Agreement of Limited Partnership, dated as of August 8, 2006 (as amended from time to time, the “MLP Partnership Agreement”), of Buckeye Partners, L.P., a Delaware limited partnership (the “MLP”). Individual members of the group consisting of the MLP and its consolidated subsidiaries (including the Partnership) are referred to herein as “Group Members.”
Engagement of the Manager. (a) The Trust appoints the Manager to provide investment management services to the Trust for its series designated Pearl Total Return Fund and Pearl Aggressive Growth Fund (each, a "Fund"), and the Manager accepts that appointment and agrees to perform the duties stated in this agreement, for the period and on the terms set forth in this agreement.
(b) If the Trust establishes one or more series in addition to the Funds named above with respect to which it desires to retain the Manager as investment manager hereunder, and if the Manager is willing to provide such services under this agreement, the Trust and the Manager may add the new series to this agreement, by written supplement (which may be in any form of amendment as defined in Section 18) to this agreement. The supplement shall include a schedule of compensation to be paid to the Manager by the Trust with respect to the new series and any other mutually agreed modifications of the terms of this agreement with respect to that series. On the effective date stated in the supplement executed by the Trust and the Manager, that series shall become a Fund hereunder and shall be subject to the provisions of this agreement to the same extent as the Funds named above, except as modified by the supplement.
Engagement of the Manager. Subject to the terms and conditions set forth in this Agreement, the Company hereby engages the Manager to provide, and the Manager hereby agrees to furnish or cause to be furnished to the Company, the services as more particularly set forth in Section 2 of this Agreement.
Engagement of the Manager. The Company hereby retains and engages the Manager to provide the Services (as hereinafter defined) exclusively pursuant to the terms and conditions of this Agreement, and the Manager hereby accepts such retention and engagement subject to receipt of any approvals required by Applicable Law (as defined below). The Company hereby authorizes the Manager to exercise such powers and to take such actions with respect to the Company as are expressly set forth herein and as may be necessary for the performance of the Manager’s obligations under this Agreement. The Manager hereby accepts such appointment on the terms and conditions hereinafter set forth and agrees to manage, operate, and maintain the Company.
Engagement of the Manager. (a) Effective as of 12:01 a.m. on the first day of the Effective Date, and until this Agreement terminates as provided herein, the Commission hereby engages the Manager as an Investment Manager for the portfolio and delegates to the Manager the power to manage in a separate account (“Account”) a portion of the assets (the assets of the entire Plan hereinafter referred to as the “Fund”) held in trust for the Plan, including the investment and reinvestment of such assets and any income therefrom and the power to acquire securities for and dispose of securities of the Account, all in accordance with the terms and conditions of this Agreement, including the Statement of Investment Guidelines, as may be amended from time to time (“Guidelines”), which Guidelines are incorporated by reference in this Agreement and made a part hereof at Schedule A, as well as the Xxxxx Hook Restrictions, incorporated by reference in this Agreement and made a part hereof at Schedule A-1. The Plan may, upon written notice to the Manager, add or withdraw assets from the Account. The benchmark /index for each of the various portfolios is shown below: Benchmark/Index Portfolio Objective Income Bloomberg Barclays Aggregate Core Fixed Income Bloomberg Barclays Aggregate Core Plus Fixed Income Bloomberg Barclays Intermediate U. S. Government/Credit Intermediate Fixed Income Bloomberg Barclays Intermediate Aggregate Intermediate Plus Fixed Bloomberg Barclays High Yield High Yield Fixed Income Xxxxxxx 1000 Growth Large Cap Growth Domestic Equity Xxxxxxx 1000 Large Cap Domestic Equity Index S&P 500 Large Cap Core Domestic Equity Xxxxxxx 1000 Value Large Cap Value Domestic Equity Xxxxxxx 2000 Growth Small Cap Domestic Growth S&P 600 Passive Small Cap Domestic Core Xxxxxxx 2000 Value Small Cap Domestic Value MSCI EAFE International Equity MSCI Emerging Markets Emerging Markets Consistent with the current Guidelines, the Manager's benchmark shall be the Index and the Manager's objectives shall be to exceed the Index on a gross of fee basis by the following spreads: Core and Intermediate Fixed Income 25 basis points Core Plus, Intermediate Plus and High Yield 50 Large Cap Equity 80 Small Cap 90 International 100 The manager should, rank in the top 50% of the Investment Metrics Peer Universe for the applicable Managers (as described in the Guidelines) and exceed the down market index corresponding to the relevant Index by at least one (1) basis point. The Commission may from time to time amend th...
Engagement of the Manager. 1.1 The LAND BANK hereby engages the MANAGER, and the MANAGER hereby accepts the engagement, to perform certain services for the LAND BANK, as described in Article 2.
Engagement of the Manager. As of the Commencement Date, Coral agrees ------------------------- to designate an individual experienced and knowledgeable in the oil and gas production business (the "Manager"), and Indian agrees to engage such Manager, to manage the operations and affairs of Indian, upon the terms and conditions set forth in this Agreement; provided, however, that the person designated by Coral shall be approved by Indian's board of directors, which approval shall not be unreasonably withheld. Subject to its approval of Coral's designee, Indian's board of director shall elect the Manager as an executive officer of Indian.
Engagement of the Manager. The Company hereby engages the Manager to provide to the Company management services in connection with the Company's operation of its Orlando Predators football sports franchise and for general management services in the operation of the Company and for such other services as the Company may reasonably ask the Manager to perform in connection with any and all present activities of the Company, and the Manager hereby accepts such engagement.
Engagement of the Manager. The Manager is hereby authorized by the Issuer, and hxxxxx agrees, to perform the Services (or refrain from the performance of the Services) subject to and in accordance with the Managing Standard and the terms of this Agreement, the other Transaction Documents and the Managed Documents. The Manager, on behalf of the Issuer, shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement and in accordance with the Managing Standard, the Indenture and the other Transaction Documents, to do and take any and all actions, or to refrain from taking any such actions, and to do any and all things in connection with performing the Services that the Manager determines are necessary or desirable. Without limiting the generality of the foregoing, but subject to the provisions of this Agreement, the Indenture and the other Transaction Documents, including Section 2.8, the Manager, in connection with performing the Services, is hereby authorized and empowered to execute and deliver, in the Manager’s own name (in its capacity as agent for the Issuer) or in the name of the Issuer (pursuant to the applicable Power of Attorney), on behalf of the Issuer any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Managed Assets. For the avoidance of doubt, the parties hereto acknowledge and agree that the Manager is providing Services directly to the Issuer. Nothing in this Agreement shall preclude the Issuer from performing the Services or any other act on their own behalf at any time and from time to time.
