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 Trustees may, at any time and from time to time, contract for exclusive or nonexclusive advisory, management and, if applicable, administrative services for the Trust or for any Portfolio with any Person; and any such contract may contain such other terms as the Trustees may determine, including without limitation, authority for the Investment Manager to determine from time to time without prior consultation with the Trustees what investments shall be purchased, held, sold or exchanged and what portion, if any, of the assets of the Trust shall be held uninvested and to make changes in the Trust’s investments, and such other responsibilities as may specifically be delegated to such Person. The Trustees may authorize the Investment Manager to employ, from time to time, one or more sub-advisers to perform such of the acts and services of the Investment Manager, and upon such terms and conditions, as may be agreed among the Trustees, the Investment Manager and sub-adviser. Any reference in this Declaration of Trust to the Investment Manager shall be deemed to include such sub-advisers, unless the context otherwise requires.
Investment Manager. Ceres Managed Futures LLC (“CMF”) or Mesirow Financial International UK, 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 Customer is the beneficial owner and shall serve as the sole investment manager of each of the Accounts.
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. 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. 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. 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 Members pursuant to this clause (C) and Section 6.2(b)(ii)(B) equal to 10% of the total amounts due to Members and earned by the Investment Manager pursuant to clause (B) above and this clause (C) and pursuant to Section 6.2(b)(ii)(A) and Section 6.2(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.
Investment Manager. The Company has appointed PIM Capital Management (The Manager), a private limited liability company incorporated in Mauritius, as the Manager of the Company pursuant to the Investment Management Agreement. The Investment Management Agreement may be terminated upon not less than ninety (90) days' prior written notice by either party. Under the Investment Management Agreement, the Manager is permitted to delegate any or all of its duties under the Agreement to advisors, including affiliated entities, at no additional cost to the Fund. The Investment Management Agreement contains provisions indemnifying the Manager from liability unless such liability arose, inter alia, from its fraud, negligence or wilful default. The Manager and its affiliates, principals and employees may engage or participate in other activities or ventures and render advisory services to other funds, whether or not they compete with the Company’s activities. The Manager, its affiliates, principals and employees shall not be prohibited from buying or selling securities for their own account, including securities that are the same as those held by the Company. As a result of its other activities, the Manager may have conflicts of interest in allocating time, services and functions between the Fund and other business ventures. The Investment Management Agreement imposes an obligation on the Manager not to deliberately engage in any transaction or series of transactions with the wilful and deliberate intent of benefitting itself or any third party at the expense of, or to the detriment of the Shareholders or assets of the Company.
