Investment Discretion. The parties recognize that DWR shall have no authority to direct the futures interests investments to be made for the Customer's account. However, the parties agree that DWR, and not the Trading Advisors, shall have the authority and responsibility with regard to the investment, maintenance, and management of the Customer's assets that are held in segregated or secured accounts, as provided in Section 7 hereof.
Investment Discretion. The parties recognize that CFI shall have no authority to direct the futures interests investments to be made for the Customer's account, but shall execute only such orders for the Customer's account as DWR, Demeter or the Trading Advisor may direct from time to time. However, the parties agree that CFI, and not the Trading Advisor, shall have the authority and responsibility with regard to the investment, maintenance, and management of the Customer's assets that are held in segregated or secured accounts, as provided in Section 7 hereof.
Investment Discretion. Except as provided in Section 6.1, the Trustee shall have sole and absolute discretion in the management and investment of the fund and in exercising investment responsibility shall have all the duties and powers set forth under Section 5.2. The Company and the Committee shall not have any of the express or implied duties and powers contained in this Trust Agreement with respect to the control, management and investment of Trust assets and shall not have any power to approve or withhold approval of any action by the Trustee with respect to the control, management and investment of the Trust. The Trustee shall have the sole right to retain or discharge Investment Managers and related custodians, and to determine the terms of the engagement of any Investment Manager and related custodian. The Trustee shall have the right, in its sole discretion, to delegate its investment responsibility to an Investment Manager, which may be an affiliate of the Trustee. In the event the Trustee appoints an affiliated Investment Manager, the Trustee shall remain, at all times, responsible for the acts of the affiliated Investment Manager. In all cases, the Trustee may not appoint an Investment Manager if the appointment will increase the cost or expense to be paid by the Company unless the Company consents to the appointment.
Investment Discretion. Upon receiving written authorization from the client in our standard client agreement, Creative Planning provides discretionary investment advisory services for client accounts. When discretionary authority is granted, we will have the authority to determine the type of securities and the amount of securities that can be bought or sold for the client portfolio without obtaining the client’s consent for each transaction. We may elect to purchase bonds through bond brokers in order to obtain a better price for the client and then have the bonds delivered into the client's brokerage account. This practice is called "trading away". This is the only case in which we select a broker to be used without specific client consent. The client’s primary broker/dealer-custodian typically charges the client a transaction fee for "trading away" through other brokers. For clients for whom a Sub-Advisor has been engaged, the Sub-Advisor will have discretionary authority to buy, sell, exchange, and otherwise trade securities within the client account. The investment strategies of the Sub- Advisor will be disclosed in their Disclosure Brochure (ADV Part 2A). In limited situations, a client will be allowed to grant trading authorization on a non-discretionary basis. In these cases, we will be required to contact you prior to implementing changes in your account. Therefore, you will be contacted and required to accept or reject our investment recommendations including: • The security being recommended • The number of shares or units • Whether to buy or sell Once the above factors are agreed upon, we will be responsible for making decisions regarding the timing of buying or selling an investment and the price at which the investment is bought or sold. If your accounts are managed on a non-discretionary basis, you need to know that if you are not able to be reached or are slow to respond to our request, it can have an adverse impact on the timing of trade implementations and we may not achieve an optimal trading price. With respect to our Retirement Plan Services, described above, Creative Planning, at the request of a plan sponsor (or plan participant in the case of managed asset allocation models), may be granted limited discretionary authority to select and replace investment alternatives for the plan (or to allocate, reallocate and rebalance model portfolios for plan participants). When such plans are covered by Title I of ERISA, Creative Planning has agreed to provide such...
Investment Discretion. All amounts contributed to the Contribution Account under this Plan, and any and all earnings thereon may be invested or utilized by the Company as the Company, in its sole and absolute discretion, may determine, including, without limitation, in any aspect of the business or operations of the Company. The Company may exercise this discretion to determine the amount of earnings on any amounts contributed to the Contribution Account for any period.
Investment Discretion. For discretionary accounts, Confluence usually receives discretionary authority from the client or the Financial Advisor (on client’s behalf) at the outset of an advisory relationship to select securities and amount to be bought or sold. This discretion will remain in effect unless revoked by the client or their Financial Advisor (on client’s behalf). In all cases, however, such discretion is to be exercised in a manner consistent with the information regarding a client’s investment objectives provided to Confluence by the client’s Financial Advisor for the particular client account. When selecting securities and determining amounts to purchase or sell, Confluence observes the investment policies, limitations, and restrictions provided by the client or the Financial Advisor (on client’s behalf). Clients are able to restrict certain types of securities for social responsibility investing purposes or specific securities for other reasons. Investment guidelines and restrictions must be provided to Confluence in writing. Restrictions will affect the performance of the account, either positively or negatively. Additionally, accounts with restrictions will result in performance dispersion due to the security holdings and cash levels differing from other accounts in the same strategy. For registered investment companies, Confluence’s authority to trade securities can also be limited by certain federal securities and tax laws that require diversification of investments. Confluence does not have trading discretion over non-discretionary accounts, including certain UMA and model accounts.
Investment Discretion. EFI receives discretionary authority from Clients who participate in the AMP by the signature of Client on the AMP Client Agreement at the beginning of an advisory relationship. This enables EFI to select the identity and amount of securities to be bought or sold, then proceed in a timely manner with changes to the Account. The Limited Power of Attorney agreed upon by the Client is limited to the purchase and sale of securities, including the trading of options, if applicable, and includes the authorization for management fees to be paid to EFI from Account. Subject to any investment restrictions or guidelines which may be communicated to EFI by the Client, EFI will have full discretion and authority, without obtaining the Client’s prior approval, to manage the investment and reinvestment of the Account and will use its best efforts to increase the value of the Account by investing and reinvesting in such a manner as EFI considers appropriate. Without limiting the generality of the foregoing, EFI may take the following actions with respect to the Account: (i) to effect purchases, sales and otherwise trade in any instrument generally known as a security and any options thereon (if covered) and, if requested by Client, to engage in short sales, margin transactions and uncovered option transactions; (ii) to make all decisions relating to the manner, method and timing of investment transactions, and (iii) to execute, in the name and on behalf of the Client, all such documents and to take all such other actions which EFI considers necessary or advisable to carry out its duties hereunder. Client authorizes EFI to take all necessary action to effect securities transactions for the Account. This grant of discretion will remain in full force and effect until terminated by Client or EFI pursuant to this Agreement, or until EFI receives notice of Client’s death. The termination of this grant of discretion will constitute a termination of this Agreement. If, in the event of Client’s death, EFI acts in good faith pursuant to this grant of discretion without actual knowledge of Client’s death, any action so taken, unless otherwise invalid or unenforceable, will be binding on Client’s successors in interest. In all cases, discretion is exercised in a manner consistent with the stated investment objectives, guidelines, or limitations previously provided by the Client and agreed to by EFI. It is the Client’s responsibility to advise EFI of any changes in the Client’s inves...
Investment Discretion. Subject to Section 5.1, the assets of the Trust shall be invested and reinvested, without distinction between principal and income, at such time or times in such investments and pursuant to such investment strategies or courses of action and in such shares and proportions, as the Asset Managers, in their sole discretion, shall deem advisable.
Investment Discretion. Company and GR Fund IV shall have full discretion on whether to participate in each Shared Investment Opportunity. Any decision by the Investment Committees of Company or GR Fund IV to participate or not participate in any Shared Investment Opportunity pursuant to this Section 3.8 shall be entirely the responsibility of Company and GR Fund IV, and, subject to the terms of this Agreement, Service Provider shall not assume any risk, responsibility or expense, or be deemed to have provided any investment advice, in connection therewith. By electing to participate in any Shared Investment Opportunity, Company and GR Fund IV acknowledges (i) it has the business and financial knowledge and experience necessary to evaluate the risks and merit associated with the applicable Shared Investment Opportunity, (ii) it is relying on the advice and judgment of its own Investment Committee with respect to such Shared Investment Opportunity; and (iii) none of Service Provider nor any of its Affiliates shall be deemed by the Parties to provide any brokerage or similar services to Company or GR Fund IV in connection with the offer to participate in such Shared Investment Opportunity. For the avoidance of doubt, nothing in this Section 3.8 shall prohibit or restrict Company or GR Fund IV from selling, transferring or otherwise disposing of any assets acquired by it as part of a Shared Investment Opportunity, and each of Company and GR Fund shall have full discretion over all decisions relating to any sale, transfer or other disposition of its assets.
Investment Discretion. For discretionary accounts, Confluence usually receives discretionary authority from the client or the Financial Advisor (on client’s behalf) at the outset of an advisory relationship to select securities and amount to be bought or sold. This discretion will remain in effect unless revoked by the client or their Financial Advisor (on client’s behalf). In all cases, however, such discretion is to be exercised in a manner consistent with the information regarding a client’s investment objectives provided to Confluence by the client’s Financial Advisor for the particular client account. When selecting securities and determining amounts to purchase or sell, Confluence observes the investment policies, limitations and restrictions provided by the client or the Financial Advisor (on client’s behalf). Clients are able to restrict certain types of securities for social responsibility investing purposes or specific securities for other reasons. For registered investment companies, Confluence’s authority to trade securities can also be limited by certain federal securities and tax laws that require diversification of investments. Investment guidelines and restrictions must be provided to Confluence in writing. Confluence does not have trading discretion over non-discretionary accounts, including certain UMA and model accounts.
