INVESTMENT OF THE FUND. Section 2.1. The Company shall have the exclusive authority and discretion to select the investment funds for investment under the Plan ("Investment Funds"). The Company shall notify the Trustee in writing of the selection of the Investment Funds currently available for investment under the Plan, and any changes thereto.
Section 2.2. Each participant shall have the exclusive right, in accordance with the provisions of the Plan, to direct the investment by the Trustee of all amounts allocated to the separate accounts of the Participant under the Plan among any one or more of the available Investment Funds. All investment directions by Participants shall be timely furnished to the Trustee by the Plan Administrator, except to the extent such directions are transmitted telephonically or otherwise by Participants directly to the Trustee or its delegate in accordance with rules and procedures established and approved by the Plan Administrator and communicated to the Trustee. In making any investment of the assets of the Fund, the Trustee shall, to the extent permitted by applicable law, including, without limitation, ERISA, be fully entitled to rely on such directions furnished to it by the Plan Administrator or by Participants in accordance with the Plan Administrator's approved rules and procedures, and shall, except as required otherwise by applicable law, including, without limitation, ERISA, be under no duty to make any inquiry or investigation with respect thereto. To the extent that Participants direct investment in the Company's common stock ("Company Stock"), the Trustee will use its best efforts and professional judgment to execute such trades in an orderly manner and to avoid any undue influence on the market for such Company Stock. If the Trustee receives any contribution under the Plan that is not accompanied by instructions directing its investment, the Trustee shall immediately notify the Plan Administrator of that fact, and the Trustee may, in its discretion, hold or return all or a portion of the contribution uninvested without liability for loss of income or appreciation pending receipt of proper investment directions. Otherwise, it is specifically intended under the Plan and this Agreement that the Trustee shall have no discretionary authority to determine the investment of the assets of the Fund; provided, however, that nothing contained herein shall be deemed to relieve the Trustee of its duties and responsibilities, under ERISA or other app...
INVESTMENT OF THE FUND. The portion of the Fund set aside as Seed Fund shall be treated as a capital investment and shall not be used for project financing. The investment of the Seed Fund shall be governed by the objective of maximizing income while at the same time ensuring safety and stability in the value of the Seed Fund. The Seed Fund shall be managed by an Investment Manager(s) to be approved by the ASEAN Standing Committee (hereinafter referred to as "the ASC").
INVESTMENT OF THE FUND. Investments shall be made in accordance with the following requirements and such additional requirements as the Secretary may by Rules and Regulations prescribe from time to time.
A. The assets of the Fund may be invested in obligations of the United States Government or of any agency or instrumentality thereof, bankers acceptances and negotiable certificates of deposit which are readily marketable and which are issued by members of the Federal Deposit Insurance Corporation and the Federal Reserve System, and commercial paper which is readily marketable and of one of the two highest grades as rated by Standard and Poor's Corporation. All of the foregoing investments shall mature not later than one year from the date of their purchase.
B. No person shall buy on margin or effect the short sale of any security when acting for the account of the Fund.
C. Assets of the Fund may not be invested in securities of any of the following:
1. The Party;
2. A subsidiary of the Party;
3. A related company of the Party; or
4. Any issuer under common control with the Party, or owning or controlling more than ten percent of the Party's voting securities.
INVESTMENT OF THE FUND. Investment of the Fund shall be in accordance with the investment policies of the Community Foundation, as established from time to time. The Community Foundation is authorized to continue investment of the Fund in the assets received as contributions to the Fund, or to sell or exchange any of said assets and reinvest the proceeds in bonds, common or preferred stocks, notes, options, common trust funds, mutual funds, shares of any investment company or trust or other securities, in partnership interests, general or limited, joint ventures, real estate, or other property of any kind, regardless of diversification and regardless of whether the property would be considered a proper trust investment.
INVESTMENT OF THE FUND. Section 2.1. The Employer shall have the exclusive authority and discretion to select the investment funds ("Investment Funds") available for investment under the Plan. In making such selection, the Employer shall use the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. The available investments under the Plan shall be sufficiently diversified so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. The Employer shall notify the Trustee in writing of the selection of the Investment Funds currently available for investment under the Plan, and any changes thereto.
INVESTMENT OF THE FUND. Except as otherwise provided in this Agreement, the Fund shall be composed of assets of the American Stock Fund, the Diversified Fund, the Equity Fund, the Short-Term Investment Fund, the Government Securities Fund, the Frozen GIC Fund which shall be invested as herein provided and such other funds as may be designated from time to time by the Committee. The administrator of each Separate Plan shall direct the Trustee with respect to the allocation of assets of the Separate Plan to the Funds and with respect to transfers among such Funds. Pending directions to allocate contributions among the Funds, the Trustee shall hold the contributions in a separate account invested in short-term investments, including common or collective short-term investment funds of the Trustee.
INVESTMENT OF THE FUND. The assets contributed by the Bank to the Fund will be invested by the Trustee as directed by the Executive pursuant to the Trust Agreement. Under the terms of the Trust, the Executive will have responsibility to make all investment decisions. The Executive shall bear all risk with respect to such investments. The Bank will have no liability with respect to results obtained as a result of such investments.
INVESTMENT OF THE FUND. The Fund shall be invested by the Foundation according to the Investment Guidelines established by the Board of Directors of the Foundation, which may be modified from time to time by the Board of Directors if it determines it is prudent to do so, considering the investment standards set forth in the Georgia Uniform Prudent Management of Institutional Funds Act, or any corresponding future Georgia law, and any other applicable legal standards. The Fund’s assets may be segregated in a separate account or, at the Foundation’s discretion, may be commingled with other endowment funds of the Foundation. If the assets of the Fund are commingled with the other endowment funds of the Foundation, the income, losses, and gains from the commingled endowed funds of the Foundation shall be allocated in proportionate part to the Fund.
INVESTMENT OF THE FUND. SECTION 2.1. In accordance with the provisions of the Plan, the Trustee shall invest and reinvest the Fund without distinction between principal and income in Company Stock in accordance with the terms of the Plan and this Agreement as directed by the Company. To the extent that contributions are made in Company Stock, the Trustee will be expected to retain such Company Stock. To the extent contributions are made in cash or other amounts are received in cash and are not needed to pay principal or interest on an ESOP loan, to pay distributions to participants and their beneficiaries or to pay expenses of the Trust, the Trustee will be expected to acquire Company Stock either from other shareholders or directly from the Company as directed by the Company. If at the time Company Stock is to be purchased, the Company has outstanding more than one class of Company Stock, the Company shall direct the Trustee as to which class of Company Stock shall be purchased.
SECTION 2.2. In accordance with the provisions of the Plan and except as provided in Section 2.1, all assets of the Fund shall be invested by the Trustee solely in Company Stock, with the exception that if the Trustee is notified by the Company that a participant is eligible to make a diversification election, if provided for under the Plan, whereby the participant may transfer a specified portion of the participant's account to other investment options available under the Plan, the Trustee shall invest such specified portion of the participant's account in accordance with the participant's investment directions as provided for in the Plan and Section 2.3 hereof. The Company shall notify the Trustee of any such investment options currently available under the Plan and any other plan sponsored by the Company which accepts such amounts and of any changes thereto, which changes shall be effective no earlier than 60 days after delivery of written notice to the Trustee (unless otherwise agreed to by the Trustee). In accordance with the provisions of the Plan, the Named Fiduciary of the Plan is authorized to appoint an "investment manager" as defined in Section 3(38) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), to be responsible for managing one or more of the designated investment options available under the Plan and selecting the specific investments that comprise any such investment option. In such case, the Named Fiduciary shall establish the investment policies and guideli...
INVESTMENT OF THE FUND. Section 2.1. The Trustee shall invest and reinvest the Fund without distinction between principal and income in any property, real, personal or mixed, wherever situate, and whether or not productive of income or consisting of wasting assets, including, without limitation, common and preferred stock (including stock of the Company), stock options, convertible stocks and securities, bonds, notes, debentures, obligations issued or guaranteed by the United States of America (or any agency or instrumentality thereof), other obligations such as certificates of deposit, commercial paper, bankers acceptances, and repurchase agreements, leaseholds, mortgages (including without limitation, any collective or part interest in any bond and mortgage or note and mortgage), demand or time deposits, savings deposits, shares of investment companies and mutual funds, interests in partnerships and trusts, insurance policies and contracts, contracts for the immediate and future delivery of financial instruments and other property of any issuer, and oil, mineral or gas properties, royalties, interests or rights (including equipment pertaining thereto), without being limited to the classes of property in which trustees are authorized to invest trust funds by any law, or any rule of court, of any State and without regard to the proportion any such property may bear to the entire amount of the Trust Fund; provided, however, that investments shall be so diversified as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so, in the sole judgment of the person who is directing the investment of the Trust under the provisions of Section 2.2, or in the sole judgment of the Trustees to the extent that they are managing the Trust Fund under such provisions.
Section 2.2. In accordance with the provisions of the Plan, the Named Fiduciary of the Plan is authorized to appoint an “investment manager” as defined in Section 3(38) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), to be responsible for managing one or more of the designated investment options available under the Plan and selecting the specific investments that comprise any such investment option. In such case the Named Fiduciary shall establish the investment policies and guidelines that the investment manager shall follow when managing the investment option for the Plan, but the Named Fiduciary shall not be responsible for the selection of the specific in...
