ERISA Accounts. If this Agreement is entered into by a trustee or other fiduciary including, but not limited to, someone meeting the definition of a “Fiduciary” under the Employee Retirement Income Security Act of 1974 ("ERISA") or an employee benefit plan subject to ERISA, such trustee or other fiduciary represents and warrants that Client's representation by Xxxxxxx is permitted by the relevant governing instrument of such plan and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Xxxxxxx with such documents, as Xxxxxxx shall reasonably request with respect to the foregoing. Client further agrees to notify Xxxxxxx in writing, of any event that might affect this authority or the validity of this Agreement. Client additionally represents and warrants that: (i) its governing instruments provide that an "investment manager," as defined in ERISA, may be appointed; and (ii) the person executing and delivering this Agreement on behalf of Client is a “named fiduciary,” as defined in ERISA, who has the power under the plan to appoint an investment manager. If Client is a retirement plan subject to ERISA, Client agrees to add a clause to the fidelity bond required by law, which provides coverage for agents employed by it. This clause shall cover Xxxxxxx, its officers, directors, and employees.
Appears in 3 contracts
Samples: Investment Advisory Agreement, Investment Advisory Agreement, Investment Advisory Agreement
ERISA Accounts. If this Agreement is entered into by a trustee or other fiduciary includingfiduciary, including but not limited to, to someone meeting the definition of a “"Fiduciary” " under the Employee Retirement Income Security Act of 1974 ("ERISA") or an employee benefit plan subject to ERISA, such trustee or other fiduciary represents and warrants that Client's representation by Xxxxxxx GBM Wealth Management is permitted by the relevant governing instrument of such plan plan, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Xxxxxxx GBM Wealth Management with such documents, as Xxxxxxx it shall reasonably request with respect to the foregoing. Client further agrees to notify Xxxxxxx GBM Wealth Management in writing, writing of any event that which might affect this authority or the validity of this Agreement. Client additionally represents and warrants that: that (ia) its governing instruments provide that an "investment manager," as defined in ERISA, ERISA may be appointed; , and (iib) the person executing and delivering this Agreement on behalf of Client is a “"named fiduciary,” " (as defined in ERISA, ) who has the power under the plan to appoint an investment manager. If Client is a retirement plan subject to ERISA, Client agrees to add a clause to the fidelity bond required by law, which that provides coverage for agents employed by it. This clause shall cover XxxxxxxGBM Wealth Management, its officers, directors, directors and employees.
Appears in 2 contracts
Samples: Investment Advisory Agreement, Investment Advisory Agreement
ERISA Accounts. If this Agreement is entered into by a trustee or other fiduciary includingfiduciary, including but not limited to, to someone meeting the definition of a “"Fiduciary” " under the Employee Retirement Income Security Act of 1974 ("ERISA") or an employee benefit plan subject to ERISA, such trustee or other fiduciary represents and warrants that Client's representation by Xxxxxxx Compass Financial is permitted by the relevant governing instrument of such plan plan, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Xxxxxxx Compass Financial with such documents, as Xxxxxxx it shall reasonably request with respect to the foregoing. Client further agrees to notify Xxxxxxx Compass Financial in writing, of any event that which might affect this authority or the validity of this Agreement. Client additionally represents and warrants that: that (i) its governing instruments provide that an "investment manager," as defined in ERISA, ERISA may be appointed; and (ii) the person executing and delivering this Agreement on behalf of Client is a “"named fiduciary,” " (as defined in ERISA, ) who has the power under the plan to appoint an investment manager. If Client is a retirement plan subject to ERISA, Client agrees to add a clause to the fidelity bond required by law, which that provides coverage for agents employed by it. This clause shall cover XxxxxxxCompass Financial, its officers, directors, directors and employees.
Appears in 1 contract
Samples: Investment Advisory Agreement