Investment Manager Clause Samples

Investment Manager. An investment manager within the meaning of section 3(38) of ERISA appointed by the Committee in accordance with the provisions of Section 10.5.

Investment Manager. Ceres Managed Futures LLC (“CMF”) or Aspect Capital Limited (the “Investment Manager”) ceases to have authority over the trading and investment activities of Party B (including, without limitation, the authority to enter into Transactions, execute Confirmations, exercise all rights of Party B in respect of Transactions, and make payments under this Agreement on behalf of Party B) and if Party A reasonably determines that such action has had, or will have, a material adverse effect on the ability of Party B to perform its obligations under this Agreement; provided, that the termination of the authority of the Investment Manager shall not constitute an Additional Termination Event if (i) the Investment Manager is replaced with another investment manager (“Replacement Investment Manager”) selected by CMF in its reasonable discretion; provided, further, that (x) any such Replacement Investment Manager shall be selected by CMF with reasonable care and diligence and (y) Party A must consent to such Replacement Investment Manager, which consent shall not be unreasonably withheld by Party A or (ii) CMF itself is the sole Investment Manager with sole authority over the trading and investment activities of Party B. Any reference to “Investment Manager” herein, in the event the Investment Manager is replaced with a Replacement Investment Manager, shall be deemed to refer to any such Replacement Investment Manager.

Investment Manager. ‌ The Trustee may from time to time, after consultation with the Contributor, appoint one or more Investment Managers: (a) To provide investment advice from time to time to the Discretionary Committee as to the Qualified Investments in which it recommends that the Fund or any portion thereof should be invested from time to time and, upon the Discretionary Committee making any investment decision with respect to all or any part of the Fund, carrying out such activities as may be necessary or appropriate to settle such investment decision made by the Discretionary Committee; or (b) to manage, on a fully discretionary basis, the investment of all or any specified portion of the Fund and, with respect to the Fund or such specified portion, to direct the Trustee with respect to settling investment transactions with respect to the Fund or such specified portion and to exercise such other powers of the Trustee hereunder as may be granted to such Investment Manager and set forth in a written instrument appointing the Investment Manager executed by the Trustee and accepted by such Investment Manager, a copy of which shall be provided to the Contributor. With respect to any appointment made under subsection 5.2(b), such Investment Manager shall be required to have an office and personnel in the Province of Alberta and must ensure that all investment decisions in respect of the Fund are made in the Province of Alberta unless (i) the Trustee has obtained, at its expense, a binding advance ruling under all applicable Tax Legislation (including the Tax Act and the Tax Legislation of the jurisdiction where such Investment Manager proposes to make investment decisions affecting the Fund) to the effect that the manner and location in which the Investment Manager proposes to make such investment decisions will not subject the Trust, the Contributor or the Beneficiary to any Tax Obligations to which they would not have been subject if the Investment Manager had an office and personnel in the Province of Alberta and ensured that all investment decisions in respect of the Fund were made in the Province of Alberta (such advance ruling to be acceptable to the Contributor and Beneficiary, acting reasonably) and (ii) such Investment Manager at all times manages the Fund or such specified portion in compliance with the terms of such advance ruling. With respect to the assets allocated to an Investment Manager under subsection 5.2(b), the Trustee shall have no liability for any inve...

Investment Manager. The Employer may employ as an investment manager or managers to manage all or any part of the Trust Fund any (i) investment advisor registered under the Investment Advisors Act of 1940; (ii) bank as defined in said Act; or (iii) insurance company qualified to perform investment management services in more than one state. Any investment manager shall have all powers of the Trustee in the management of such part of the Trust Fund, including the power to acquire or dispose of assets. In the event an investment manager is so appointed, the Trustee shall not be liable for the acts or omissions of such investment manager or be under any obligation to invest or otherwise manage that part of the Trust Fund which is subject to the management of the investment manager. The Employer shall notify the Trustee in writing of any appointment of an investment manager, and shall provide the Trustee with the investment manager's written acknowledgment that it is a fiduciary with respect to the Plan.

Investment Manager. The Customer is the beneficial owner and shall serve as the sole investment manager of each of the Accounts.

Investment Manager. The Employer may appoint a qualified Investment Manager or Managers to manage any portion or all of the assets of the Trust Fund. For the purpose of this Plan and the related Trust, a "

Investment Manager. The management, administration and collection of the Collateral Obligations shall be conducted by the Person designated as Investment Manager from time to time in accordance with the Investment Management Agreement.

Investment Manager. Catch Up to 10%. Third, 100% of all remaining Disposition Proceeds to the Investment Manager as a Pre-Exchange Listing Incentive Fee until the Investment Manager has received payments of Investment Proceeds with respect to Unitholders pursuant to this clause (C) and Section 7(b)(ii)(B) equal to 10% of the total amounts due to Unitholders and earned by the Investment Manager pursuant to clause (B) above and this clause (C) and pursuant to Section 7(b)(ii)(A) and Section 7(b)(ii)(B) below; and

Investment Manager. The Primary Sponsor may, by action in writing ------------------ certified by notice to the Trustee, appoint an Investment Manager. Any Investment Manager may be removed in the same manner in which appointed, and in the event of any removal, the Investment Manager shall, as soon as possible, but in no event more than thirty (30) days after notice of removal, turn over all assets managed by it to the Trustee or to any successor Investment Manager appointed, and shall make a full accounting to the Primary Sponsor with respect to all assets managed by it since its appointment as an Investment Manager.