Common use of Investment and Administration Clause in Contracts

Investment and Administration. The Foundation shall cause the assets of the Fund to be invested and reinvested pursuant to its governing instruments and the investment policies, practices and procedures consonant therewith as adopted from time to time by the Board of Governors. The Foundation shall have all powers necessary or in its sole discretion desirable to carry out the purposes of the Fund including the power to invest and reinvest in such manner as it deems fit, without being subject to investment restrictions, statutory or judicial, which would otherwise be applicable to a fiduciary and the power to commingle the assets of the Fund with those of other funds for investment purposes so long as the Fund is allocated its appropriate shares of principal and income. Notwithstanding the foregoing, the Foundation shall make all reasonable efforts to ensure that the assets of the Foundation are not invested in a manner resulting in the Fund having excess business holdings within the meaning of Sections 4943(c) and 4943(e) of the Internal Revenue Code.

Investment and Administration. The Foundation shall cause the assets of the Fund to be invested and reinvested pursuant to its governing instruments the Governing Instruments and the investment policies, practices and procedures consonant therewith as adopted from time to time by the Board of Governors. The Foundation shall have all powers necessary or in its sole discretion desirable to carry out the purposes of the Fund including the power to invest and reinvest in such manner as it deems fit, without being subject to investment restrictions, statutory or judicial, which would otherwise be applicable to a fiduciary and the power to commingle the assets of the Fund with those of other funds for investment purposes so long as the Fund is allocated its appropriate shares of principal and income. Notwithstanding the foregoing, the Foundation shall make all reasonable efforts to ensure that the assets of the Foundation Fund are not invested in a manner resulting in the Fund having excess business holdings within the meaning of Sections 4943(c) and 4943(e) of the Internal Revenue Code.