Investment Decisions Clause Samples
The Investment Decisions clause defines the process and authority for making choices regarding the allocation, management, or disposition of invested funds within an agreement. Typically, this clause outlines who has the power to make investment decisions—such as a manager, committee, or joint parties—and may specify any required approvals or criteria that must be met before investments are made or changed. Its core practical function is to ensure clarity and prevent disputes by establishing clear guidelines and responsibilities for investment-related actions.
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Investment Decisions. Investment decisions regarding the hypothetical amounts credited to a Participant’s Account shall be made by [select one]:
(a) x The Participant or his Beneficiary
(b) ¨ The Employer
Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of the Fund allocated to it by Investment Manager, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of the Fund concerning transactions of the Fund in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b) of the 1940 Act. Subadviser will not be responsible for voting proxies issued by companies held in the Fund although Investment Manager may consult with Subadviser from time to time regarding the voting of proxies of securities owned by the Fund. Subadviser will not be responsible for filing claims in class action settlements related to securities currently or previously held by that portion of the Fund allocated to it by Investment Manager.
Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of the Fund allocated to it by Investment Manager, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of the Fund concerning transactions of the Fund in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b) of the 1940 Act. Subadviser will not be responsible for voting proxies issued by companies held in the Fund. Subadviser will not be responsible for filing claims in class action settlements related to securities currently or previously held by that portion of the Fund allocated to it by Investment Manager.
Investment Decisions. The Subadviser shall determine from time to time what investments and securities will be purchased, retained, sold or loaned by the Series, and what portion of such assets will be invested or held uninvested as cash.
Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of the Fund allocated to it by Investment Manager, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of the Fund concerning transactions of the Fund in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b) of the 1940 Act. Subadviser will not be responsible for voting proxies issued by companies held in the Fund although Investment Manager may consult with Subadviser from time to time regarding the voting of proxies of securities owned by the Fund. Subadviser will not be responsible for filing claims in class action settlements related to securities currently or previously held by that portion of the Fund allocated to it by Investment Manager, although Investment Manager may consult with Subadviser from time to time regarding the filing of claims in class action settlements.
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Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of each of the Funds allocated to it by Manager, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of any of the Funds concerning transactions of the Funds in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b) under the 1940 Act. Unless Manager or the applicable Fund gives written instructions to the contrary, Subadviser shall vote, or abstain from voting, all proxies with respect to companies whose securities are held in that portion of each of the Funds allocated to it by Manager, using its best good faith judgment to vote, or abstain from voting, such proxies in the manner that serves the best interests of the Funds. Subadviser shall not be responsible for pursuing rights, including class action settlements, relating to the purchase, sale, or holding of securities by the Funds; provided, however, that Subadviser shall provide notice to Manager of any such potential claim and cooperate with Manager in any possible proceeding.
Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of the Fund allocated to it by AEFC, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of the Fund concerning transactions of the Fund in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b).
Investment Decisions. Subadviser shall determine from time to time what investments and securities will be purchased, retained, or sold with respect to that portion of the Fund allocated to it by Manager, and what portion of such assets will be invested or held uninvested as cash. Subadviser is prohibited from consulting with any other subadviser of the Fund concerning transactions of the Fund in securities or other assets, other than for purposes of complying with the conditions of Rule 12d3-1(a) or (b) under the 1940 Act. Unless Manager or the Fund gives written instructions to the contrary, Subadviser shall vote, or abstain from voting, all proxies, if applicable, with respect to companies whose securities are held in that portion of the Fund allocated to it by Manager, using its best good faith judgment to vote, or abstain from voting, such proxies in the manner that best serves the interests of the Fund's shareholders. Upon 60 days' written notice to Subadviser, the Board may withdraw the authority granted to Subadviser to vote, or abstain from voting, such proxies pursuant to this subsection. Subadviser shall have no responsibility or obligation hereunder for pursuing any claim or potential claim in any litigation or proceeding, including class action securities litigation, affecting securities purchased, sold, or held at any time by the Fund, including, without limitation, to file proofs of claim or other documents related to such proceedings (the "Litigation") or to investigate, initiate, supervise, or monitor the Litigation involving Fund assets, and Manager acknowledges and agrees that no such power, authority, responsibility, or obligation is delegated hereunder; provided, however, that Subadviser shall forward to Manager any notice of any such potential claim it shall have received and cooperate reasonably with Manager in any possible proceeding.
Investment Decisions. (a) The Trustee shall invest and reinvest the Trust Fund as follows:
(i) To the extent that any portion of the Trust Fund shall be allocated to an Investment Fund other than the Employer Stock Fund, such portion of the Trust fund shall be invested and reinvested:
(A) by the Trustee, in its discretion; or
(B) if an Investment Manager is appointed to direct the investment of amounts allocated to such Investment Fund, in accordance with the directions of such Investment Manager; and
(ii) to the extent that any portion of the Trust Fund is allocated to the Employer Stock Fund, such portion of the Trust Fund shall be invested and reinvested in Shares at such prices and at such times as the Trustee, in its discretion, may determine. The Trustee shall be under no duty or obligation to review any investment to be acquired, held or disposed of pursuant to directions of the Committee, any Investment Manager nor to make any recommendation with respect to the disposition or continued retention of any such investment. To the extent that the Trustee is subject to direction by the Committee or an Investment Manager, or the Trustee is acting pursuant to Section 4.04(c), the Bank hereby agrees to indemnify the Trustee and hold it harmless from and defend it against any claim or liability which may be asserted against the Trustee by reason of any action or inaction by it pursuant to a direction by the Committee or by an Investment Manager or failing to act in the absence of any such direction.
(b) The Committee or an Investment Manager appointed pursuant to Section 4.03 may, from time to time, issue orders for the purchase or sale of securities directly to a broker. Written notification of the issuance of each such order shall be given promptly to the Trustee by the Committee or the Investment Manager, and the execution of each such order shall be confirmed by written advice to the Trustee by the broker. Such notification shall be authority for the Trustee to pay for securities purchased against receipt thereof and to deliver securities sold against payment therefor, as the case may be.
(c) To the extent that neither the Committee nor an Investment Manager furnishes directions as to the investment of any portion of the Trust Fund that is subject to its direction, to the extent provided by ERISA, the Trustee shall invest and reinvest the Trust Fund in any savings account, time or other interest bearing deposit or in any other interest bearing obligation of any one or more ba...
Investment Decisions. A Participant’s Account shall be treated as invested in the Permissible Investments as directed by the Participant unless otherwise provided below: