Investment of the Trust Fund. Except as directed by any Investment Manager, the Pension Board or a duly authorized officer of the Company, the Trustee shall have the exclusive responsibility and authority to hold, invest, reinvest and administer the assets of the Trust, hereinafter referred to as the “Fund”, in accordance with the terms of this Trust Agreement. The Trustee shall be under no liability for any loss of any kind that may result when it follows proper written directions of the Pension Board or a duly authorized officer of the Company which are in accordance with the terms of the Trust Agreement and not contrary to law.
(a) If an Investment Manager is so appointed by the Pension Board or a duly authorized officer of the Company to manage any portion of the Trust Fund, the Trustee’s only responsibility with respect to such portion shall be:
(1) except as otherwise directed by the Pension Board or a duly authorized officer of the Company, to retain custody of the assets of such portion of the Trust Fund; and
(2) to follow the written directions of the Investment Manager with respect to such portion of the Trust Fund.
(b) The Trustee shall incur no liability with respect to the investment of any portion of the Trust Fund if an Investment Manager has been appointed to manage that portion of the Trust Fund, by the Pension Board or a duly authorized officer of the Company for either:
(1) following the written directions of the Investment Manager; or
(2) failing to act in the absence of written directions from the Investment Manager. Notwithstanding anything to the contrary herein contained, the Pension Board or a duly authorized officer of the Company may direct the transfer of such part or all of the Fund as it shall deem advisable to The Chase Manhattan Bank as trustee of any trust (“Collective Trust”) maintained by it as a common trust fund as defined under section 584 of the Code, now or hereinafter maintained by it as a medium for the collective investment of assets of trusts and which it may elect to make available to non-qualified benefit trusts, and the Pension Board or a duly authorized officer of the Company may direct the withdrawal of any part or all of the Fund so transferred. To the extent of the interest of the Trust in any Collective Trust, the terms of the agreement or declaration of trust establishing such Collective Trust shall be a part of this Trust as if set forth in full herein, and any assets transferred to any Collective Trust shall be held, invested and a...
Investment of the Trust Fund. The Plan and Trust are intended to invest in qualifying employer securities as defined in Section 407(d)(5) of the ERISA, and shall be construed to permit investment of up to 100% of the Trust Fund in such securities. Therefore to the extent directed by the Committee or the Participants (whichever is applicable), the Trustee may invest all or substantially all of the assets of the Trust Fund in Company Stock; provided, however, that the Committee may, by written instructions to the Trustee, direct it to invest any cash held by the Trust for the purposes and needs of this Plan and Trust in short-term securities issued by the United States of America or any agency or instrumentality thereof or in any other short-term or money market funds, as are approved by the Committee. The Committee from time to time may direct the Trustee to establish one or more separate investment accounts within the Trust, each separate account being hereinafter referred to as an “Investment Fund”. The Trustee shall transfer to each such Investment Fund such portion of the assets of the Trust as each Participant directs in accordance with the specific provisions of the Plan and in the manner provided in the Administrative Services Agreement between RadioShack and the the recordkeeper. The Trustee shall invest and reinvest the assets which have been allocated to an Investment Fund in accordance with the Participants’ instructions, unless such Investment Fund is otherwise restricted by RadioShack or the Committee to be invested solely in Company Stock; provided, however that neither RadioShack nor the Committee may restrict the investment election of a Qualified Participant in any manner that is contrary to the provisions of Section 5.6 of this Plan. The Trustee is under no duty to review the investment decisions of the Participants as regards to any Investment Fund.
Investment of the Trust Fund. 3.1 The Trustees shall stand possessed of the Trust Fund upon trust as to the investments and other property other than money in their discretion either to permit the same to remain as invested or to sell or convert into money all or any of such investments or other property and upon trust as to money with a like discretion to invest the same in their name or under their control in any of the investments authorised hereunder with power at a like discretion from time to time to vary or transpose any such investments for others of a nature authorised hereunder.
Investment of the Trust Fund. 2.1 Investment of the Trust Fund - In General. 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 Named Fiduciary, 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 Named Fiduciary and communicated to the Trustee. In making any investment of the assets of the Fund, the Trustee shall be fully entitled to rely on such directions furnished to it by the Named Fiduciary or by Participants in accordance with the Named Fiduciary's approved rules and procedures, and shall be under no duty to make any inquiry or investigation with respect thereto. The Named Fiduciary may designate a default fund under the Plan in which the Trustee shall deposit contributions to the Trust on behalf of Participants who have been identified by the Named Fiduciary as having not specified investment choices under the Plan. If the Trustee receives any contribution under the Plan that is not accompanied by instructions directing its investment, the Trustee shall immediately notify the Named Fiduciary of that fact. 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 Fund. The Trustee will invest the Trust Fund in accordance with Instructions from the Company, subject to any limitations under Applicable Legislation. The Company confirms that it has reviewed the following agreement(s) and that it has instructed the Trustee to execute such agreement(s) as Trustee of the Trust Fund.
Investment of the Trust Fund. (a) The Employer may, in its discretion, appoint an investment manager ("Investment Manager") to direct the investment and reinvestment of all or any portion of the Trust Fund. Any such Investment Manager shall either: (i) be registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Investment Advisers Act"); (ii) be a bank, as defined in the Investment Advisers Act; or (iii) be an insurance company qualified to perform investment services under the laws of more than one state.
(b) The Employer shall give written notice to the Trustee of the appointment of an Investment Manager pursuant to the previous paragraph. Such notice shall include: (i) a specification of the portion of the Trust Fund to which the appointment applies; (ii) a certification by the Employer that the Investment Manager satisfies the requirements of the previous paragraph; (iii) a copy of the instruments appointing the Investment Manager and evidencing the Investment Manager's acceptance of the appointment; (iv) directions as to the manner in which the Investment Manager is authorized to give instructions to the Trustee, including the persons authorized to give instructions and the number of signatures required for any written instruction; (v) an acknowledgment by the Investment Manager that it is a fiduciary of the Plan; and (vi) if applicable, a certificate evidencing the Investment Manager's current registration under the Investment Advisers Act. For purposes of this Agreement, the appointment of an Investment Manager pursuant to this Section 6 shall become effective as of the effective date specified in such notice, or, if later, as of the date on which the Trustee receives proper notice of such appointment.
(c) The Employer shall give written notice to the Trustee of the resignation or removal of an Investment Manager previously appointed pursuant to this Section 6. From and after the date on which the Trustee receives such notice, or, if later, the effective date of the resignation or removal specified in such notice, the Employer shall be responsible, in accordance with this Section 6, for the investment and reinvestment of the portion of the Trust Fund theretofore managed by such Investment Manager, until such time as a successor Investment Manager has been duly appointed pursuant to this Section 6.
(d) The Trustee shall have the power and authority to be exercised in its sole discretion at any time and from time to time to issue and place orders...
Investment of the Trust Fund. 12.1 The Trustees may invest the Trust Fund and the income from it in any form of investment, and vary any such investment from time to time. Where, for the time being, there is more than one person acting as a trustee of the Trust Fund, and one or more, but not all, of them is or are engaged in a profession, employment or business which is or includes acting as a trustee or investing money on behalf of others, then in exercising any power of investment, that trustee or those trustees (as the case may be) shall not be required to exercise the care, diligence and skill that a prudent person engaged in that profession, employment or business would exercise in managing the affairs of others. Rather, that trustee or those trustees (as the case may be) shall be required only to exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of others. This clause represents a modification of sections 29 (general duty of care) and 30 (duty to invest prudently) of the Act.
12.2 The Trustees may retain any investments coming into the Trustees’ hands as part of the Trust Fund for as long as the Trustees think proper, even if they are not investments which could be properly made by a trustee. This clause represents a modification of sections 29 (general duty of care) and 30 (duty to invest prudently) of the Act.
12.3 The Trustees may hold any part of the Trust Fund uninvested and in any currency for as long as the Trustees think fit without being liable for any loss due to devaluation or any foreign exchange or other governmental restriction except in circumstances where that loss was sustained as a result of that Trustee dishonesty, wilful misconduct or gross negligence. This clause represents a modification of sections 29 (general duty of care) and 30 (duty to invest prudently) of the Act.
12.4 The Trustees may have regard to the factors set out in section 59 of the Act when exercising the power to invest.
Investment of the Trust Fund. 2.1 The Directed Trustee shall invest and reinvest the principal and income of the Trust Fund pursuant to the written, telephone or computer generated direction of the Company, the "Named Fiduciary" (as authorized under the Plan document), a duly authorized "Investment Advisor" (within the meaning of 29 C.F.R. 2910.3-21(c)) or a Plan Participant (if permitted under the Plan document), or by any other party to whom authority to give such directions, requests or approvals is delegated by the Company in writing and keep the same invested without distinction between principal and income. The Directed Trustee shall not make any determination which shall cause it to be deemed a "Fiduciary" (as defined under Section 3(21) of ERISA) under the Plan with regard to such investment or reinvestment.
2.2 The Directed Trustee shall have the following powers in addition to the powers customarily vested in trustees by law and in no way in derogation thereof:
(a) With any cash at any time held by them, to purchase or subscribe for any authorized investment, and to retain such authorized investment in trust.
(b) To sell for cash or on credit, convert, redeem, exchange for another authorized investment, or otherwise dispose of, any authorized investment at any time held by it.
(c) To retain uninvested all or any part of the Trust Fund and to deposit the same in an interest-bearing account in any banking or savings institution including Directed Trustee's savings department, in accordance with and as directed in writing by the Company or its authorized representative.
(d) To exercise any option appurtenant to any authorized investment in which the Trust Fund is invested for conversion thereof into another authorized investment, or to exercise any rights to subscribe for additional authorized investments and to make all necessary payments therefor, in accordance with and as directed in writing by the Company or its authorized representative.
(e) Pursuant to the written direction of the Company or its authorized representative, to join in, consent to, dissent from, or oppose, the reorganization, recapitalization, consolidation, sale, merger, foreclosure, or readjustment of the finances of any corporations or properties in which the Trust Fund may be invested, or the sale, mortgage, pledge or lease of any such property or the property of any such corporation upon such terms and conditions as it may deem wise; to do any act (including the exercise of options, making of agreements ...
Investment of the Trust Fund. Investments of the Trust Fund shall be ---------------------------- diversified to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so. The Trustee or Investment Manager shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man 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.
Investment of the Trust Fund. The Trustees shall control and manage the Trust Fund, and shall hold, invest and reinvest the same together with the income thereof in accordance with the provisions of this Plan and the Trust Agreement. The Trustees shall meet periodically to establish and review an investment policy which is consistent with the terms and objectives of the Plan and the requirements of ERISA.
