Investment of the Trust Sample Clauses
Investment of the Trust. The Board, with the same care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a similar capacity and familiar with those matters would use in the conduct of a similar enterprise with similar means, shall have full power and authority to manage, control, invest and reinvest the money and other assets of the Trust Fund, and the Bank shall comply with the proper written direction of the Board concerning those assets. The Board may employ outside advisors, including investment advisors, to advise it with regard to the investment of the assets of the Trust Fund. Any outside advisors shall acknowledge a fiduciary relationship to the Board and the Trust Fund. In investing and managing the assets of the Trust, the Board:
(a) shall consider among other circumstances: the general economic conditions; the possible effect of inflation or deflation; the role that each investment or course of action plays within the overall portfolio; the expected total return from income and the appreciation of capital; needs for liquidity, regularity of income, and preservation or appreciation of capital; and the adequacy of funding for the plan based on reasonable actuarial factors;
(b) shall diversify the investments of the Trust unless the Board reasonably determines that because of special circumstances, it is clearly prudent not to do so;
(c) shall make a reasonable effort to verify facts relevant to the investment and management of assets of the Trust; and
(d) may consider benefits created by an investment in addition to investment return only if the Board determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.
Investment of the Trust. (a) Prior to an Irrevocable Election or Change in Control, the Company Trust Assets and Bank Trust Assets shall be invested by the Trustee in the manner directed by the Company or the Bank, respectively, or, to the extent no such specific direction has been given by the Company or the Bank, in accordance with the written investment guidelines provided from time to time by the Company or the Bank.
(b) Subsequent to an Irrevocable Election or Change in Control, the Trustee shall invest the assets of the Trust Fund, without distinction between principal and income, in accordance with such written investment guidelines as may be provided from time to time by the Committee, in (i) life insurance policies and guaranteed annuity contracts issued by insurers which, at the time of investment, are rated A+ or better by Standard & Poor's or the equivalent rating by any nationally recognized rating service (including the payment of premiums thereon), (ii) bonds rated at least A by Standard & Poor's or the equivalent rating by any nationally recognized rating service, (iii) certificates of deposit, money market funds or other high quality cash equivalents, or (iv) mutual funds designed to invest in those items described in clauses (i) through (iii) above that otherwise comply with the Bank's or, as applicable, the Company's investment policies as they apply from time to time (the relevant portions of which shall be provided to the Trustee by the Bank or the Company upon its request).
Investment of the Trust. Fund - In General. The Named Fiduciary shall be solely responsible for directing the Trustee as to the investment and deposition of the Trust Fund and shall have responsibility for the overall diversification of the Trust Fund. The Trustee shall invest and reinvest the Trust Fund only as directed and the Trustee is specifically prohibited from having or exercising any discretion with respect to the investment of the Trust Fund.
Investment of the Trust. (a) Prior to an Irrevocable Election or Change in Control, the Company Trust Assets and Bank Trust Assets shall be invested by the Trustee in the manner directed by the Company or the Bank, respectively, or, to the extent no such specific direction has been given by the Company or the Bank, in accordance with the written investment guidelines provided from time to time by the Company or the Bank.
(b) Subsequent to an Irrevocable Election or Change in Control, the Trustee shall invest the assets of the Trust Fund, without distinction between principal and income, in accordance with such written investment guidelines as may be provided from time to time by the Committee, in (i) life insurance policies and guaranteed annuity contracts issued by insurers which, at the time of investment, are rated A+ or better by Standard & Poor's or the equivalent rating by any nationally recognized rating service (including the payment of premiums thereon), (ii) bonds rated at least A by Standard & Poor's or the equivalent rating by any nationally recognized rating service, (iii) certificates of deposit, money market funds or other high quality cash equivalents, or (iv) mutual funds designed to invest in those items described in clauses (i) through (iii) above that otherwise comply with the Bank's or, as applicable, the Company's investment policies as they apply from time to time (the relevant portions of which shall be provided to the Trustee by the Bank or the Company upon its request).
(c) Subsequent to an Irrevocable Election or a Change in Control and notwithstanding the foregoing provisions of this Section 2.1, at any time that the assets of the Trust Fund together with the assets of any other trust fund established by the Company or the Bank with which the assets of the Trust Fund are commingled for investment purposes (excluding in each case any life insurance policies and guaranteed annuity contracts then in effect) do not exceed $500,000, such assets shall be held in one or more interest-bearing accounts at a commercial bank or savings bank (which may include the Trustee), with maturities in the Trustee's discretion based on the anticipated need for funds, but not in excess of one year.
(d) Prior to an Irrevocable Election or a Change in Control, each of the Company and the Bank shall have the right at any time, and from time to time in its sole discretion, to substitute assets of equal fair market value for any asset held by the Trust. This right is exercisable b...
Investment of the Trust. The Board, with the same care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a similar capacity and familiar with those matters would use in the conduct of a similar enterprise with similar means, shall have full power and authority to manage, control, invest and reinvest the money and other assets of the Trust Fund, and the Bank shall comply with the proper written direction of the Board concerning those assets. The Board may employ outside advisors, including investment advisors, to advise it with regard to the investment of the assets of the Trust Fund. Any outside advisors shall acknowledge a fiduciary relationship to the Board and the Trust Fund. In investing and managing the assets of the Trust, the Board: shall consider among other circumstances: the general economic conditions; the possible effect of inflation or deflation; the role that each investment or course of action plays within the overall portfolio; the expected total return from income and the appreciation of capital; needs for liquidity, regularity of income, and preservation or appreciation of capital; and the adequacy of funding for the plan based on reasonable actuarial factors;
Investment of the Trust. Except as otherwise provided in this Section 2.1 or except as otherwise expressly provided in this Trust Agreement, all assets received by the Trustee shall be invested as soon as practicable in, and remain invested in, Company
Investment of the Trust. (a) Prior to a Change in Control (as defined in Section 13.4) or an Irrevocable Election (as defined in Section 13.5), the assets of the Trust Fund shall be invested by the Trustee in the manner directed by the Bank, or, to the extent no such specific direction has been given by the Bank, in accordance with the written investment guidelines provided from time to time by the Committee.
(b) Subsequent to an Irrevocable Election or Change in Control, the Trustee shall invest the assets of the Trust Fund, without distinction between principal and income, and in accordance with such written investment guidelines as may be provided from time to time by the Committee, in (i) life insurance policies and guaranteed annuity contracts issued by insurers which, at the time of investment, are rated A+ or better by Standard & Poor's or the equivalent rating by any nationally recognized rating service, (ii) bonds rated at least A by Standard & Poor's or the equivalent rating by any nationally recognized rating service, (iii) certificates of deposit, money market funds or other high quality cash equivalents, or (iv) mutual funds designed to invest in those items described in clauses (i) through (iii) above.
Investment of the Trust. Subject to the provisions of this Deed, the investment policy and objective of the Trust is the following:
(a) the Trust is established to invest in Real Estate in the PRC either directly or indirectly through Special Purpose Vehicles and the Manager must manage the Deposited Property so that the principal investments of the Trust are Real Estate;
(b) the Manager’s principal investment policy in respect of the Trust is to invest in Real Estate primarily comprises of hotel or other hospitality-related properties and properties ancillary thereto directly or indirectly through Special Purpose Vehicles. Such Real Estate shall generally be income-producing. The investment strategy of the Trust shall be determined by the Manager from time to time at its absolute discretion so far as it is consistent with the investment policy;
(c) subject to Clause 10.2(d), the Manager must in determining the investment strategy of the Trust from time to time and in exercising its powers and fulfilling its duties in relation to the investment of the Deposited Property ensure that the Trust is reasonably diversified in terms of the type(s) of Real Estate and/or the number of Real Estate investments, taking into account the size of the Trust, the Manager’s investment policy and prevailing investment strategy, and the prevailing market conditions. In the event that the Manager’s prevailing investment strategy is not to have a diversified portfolio of Real Estate, the Manager must ensure that the then current Offering Circular issued by the Manager in respect of the Trust contains adequate disclosure of that fact; and
(d) subject to compliance with the REIT Code, the Listing Rules and the Listing Agreement, the Manager may from time to time change its investment policies/strategy(ies) for the Trust as stated in the relevant Offering Circular PROVIDED THAT (i) it has notified the Holders of the change by way of circular in accordance with the requirements of the REIT Code and (ii) the change has been approved by Holders by Special Resolution.
Investment of the Trust. Subject to the provisions of this Deed, the Manager's investment policy and objective of the Trust is the following:
10.2.1 the Trust is constituted to invest in Real Estate (which may be by way of direct ownership of Real Estate or by way of holdings of shares, units or (as the case may be) interests in Special Purpose Vehicles), Real Estate Related Assets and/or such other permissible investments as may be prescribed under the Property Funds Guidelines and the Manager must manage the Deposited Property so that the principal investments of the Trust are Real Estate;
10.2.2 the investment strategy of the Trust shall be determined by the Manager from time to time at its absolute discretion;
10.2.3 subject to Clause 10.2.4, the Manager must, in determining the investment strategy of the Trust from time to time and in exercising its powers and fulfilling its duties in relation to the investment of the Deposited Property, ensure that the Trust is reasonably diversified in terms of the types of Real Estate and/or the number of investments in Real Estate, taking into account the size of the Trust, the Manager's investment policy and prevailing investment strategy, and the prevailing market conditions. In the event that the Manager's prevailing investment strategy is not to have a diversified portfolio of Real Estate, the Manager must ensure that the then current Listing Document issued by the Manager in respect of the Trust contains adequate disclosure of that fact; and
10.2.4 the Manager may from time to time change its investment policies, (if the Trust is Listed) subject to compliance with the Listing Rules or, if applicable, the listing rules of any other relevant Recognised Stock Exchange, for the Trust so long as it has given not less than 30 days’ prior notice of the change to the Trustee and the Holders by way of written notice (if the Trust is Unlisted) or by way of an announcement to the SGX-ST or relevant Recognised Stock Exchange (if the Trust is Listed).
Investment of the Trust