INVESTMENT POWER. Investment of Trust assets shall be directed as follows (check (1), (2) or (3)): (1) Subject to the terms of the Plan, the Trustee shall, subject to any limitations indicated below, have the sole power and authority to direct investment of Trust assets. (2) Subject to the terms of the Plan, the Investment Manager shall, subject to any limitations indicated below, have the sole power and authority to direct investment of Trust assets held in (check applicable block(s)): [ ] Employer Accounts [ ] Matching Accounts [ ] Participant Accounts [ ] Elective Deferral Accounts [ ] QVEC Accounts [ ] Rollover Accounts [ ] Transfer Accounts [ ] Other Accounts Subject to the terms of the Plan, the Trustee shall have the sole power and authority to direct investment of Trust assets not committed to the direction of the Investment Manager. (3) Subject to the terms of the Plan, each Plan Participant or Beneficiary shall, subject to any limitations indicated below, have the sole power and authority to direct investment of the Trust assets held in (check applicable block(s)): [ ] Employer Accounts [ ] Matching Accounts [ ] Participant Accounts [ ] Elective Deferral Accounts [ ] QVEC Accounts [ ] Rollover Accounts [ ] Transfer Accounts [ ] Other Accounts The investments which the Participant or Beneficiary may select are any one or more of the following (specify investment selections available): [----------------------- ---------------------------------------------------------- ---------------------------------------------------------] Investment instructions shall be given by the Participant or Beneficiary on the Appropriate Form to the Administrative Committee not later than (fill in blank) [ ] days before the Valuation Date preceding the effective date of the investment direction. The Administrative Committee shall deliver such instructions to the Trustee. Such investment instructions shall be effected by the Trustee not later than (fill in blank) [ ] days following the Valuation Date coincident with or next following the date on which the investment instructions are delivered to the Administrative Committee. Subject to the terms of the Plan, the Trustee shall have the sole power and authority to direct investment of Trust assets not committed to the direction of the Participant or Beneficiary.

INVESTMENT POWER. (a) The Tort Claims Trustee shall not be required to invest any monies received by the Tort Claims Trust. To the contrary, in the exercise of its reasonable judgment, the Tort Claims Trustee may hold monies to be distributed to Holders of Allowed Tort Claims within sixty (60) days in a non-interest bearing account. (b) Investment of monies held in the Tort Claims Trust shall be administered in the manner in which individuals of ordinary prudence, discretion and judgment would act in the management of their own affairs, subject to the following limitations and provisions: (i) The Tort Claims Trust shall not acquire, directly or indirectly, equity in any entity. (ii) The Tort Claims Trust shall not acquire or hold any long-term debt securities unless such securities are (A) rated “Baa” or higher by Xxxxx’x Investors Service (“Moody’s”), “BBB” or higher by Standard & Poor’s Financial Services LLC (“S&P”) or have been given an equivalent investment grade rating by another nationally recognized statistical rating agency or (B) issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof. (iii) The Tort Claims Trust shall not acquire or hold for longer than ninety (90) days any commercial paper unless such commercial paper is rated “Prime-1” or higher by Moody’s, “A-1” or higher by S&P or has been given an equivalent rating by another nationally recognized statistical rating agency. (iv) The Tort Claims Trust shall not acquire or hold any certificates of deposit unless all publicly held, long-term debt securities, if any, of the financial institution issuing the certificate of deposit and the holding company, if any, of which such financial institution is a subsidiary, satisfy the standards set forth herein. (v) The Tort Claims Trust shall not acquire or hold any repurchase obligations. (vi) The Tort Claims Trust shall not acquire or hold any options. (c) The Tort Claims Trustee may liquidate such investments if the Tort Claims Trustee determines in his or her discretion that such liquidation is necessary to protect the Tort Claims Trust from loss on the amounts invested. (d) The Tort Claims Trustee shall be restricted to the holding and collection of the assets of the Tort Claims Trust and the payment and distribution thereof for the purposes set forth in the Plan, in this Tort Claims Trust Agreement, and in the Tort Claims Trust Distribution Procedures and to the conservation, protection and m...

INVESTMENT POWER. Investment of Trust assets shall be directed as follows (check (1), (2) or (3)):

INVESTMENT POWER. The Trustee shall invest and reinvest the principal and income of the Trust Fund and keep the Trust Fund invested, without distinction between principal and income, in accordance with the directions of the Company or such investment guidelines as the Company may provide to the Trustee from time to time; provided, however, that the assets may not be invested in securities or debt obligations issued by the Company or its parent corporation, USAir Group, Inc.

INVESTMENT POWER. The Board may exercise all the power of ACON Health to invest the assets of ACON Health on such terms and conditions as the Board thinks fit, having regard to the Objects of ACON, their duties as Directors and any applicable laws.

INVESTMENT POWER. The investment power of the Trustee, other than that reasonably necessary to hold and maintain the value of the Position Holder Trust Assets, and further the liquidating purpose of the Position Holder Trust, shall be limited to the power to invest the property in the General Account and the Dedicated Accounts as set forth in Section 3.1 and Section 3.2, respectively.

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INVESTMENT POWERS Pursuant to Section 10.03[F] of the Plan, the aggregate investments in qualifying Employer securities and in qualifying Employer real property: (Choose (a) or (b)) [ ] (a) May not exceed 10% of Plan assets. [X] (b) May not exceed 100% of Plan assets. [Note: The percentage may not exceed 100%.]
Investment Portfolio All investment securities held by Seller or its Subsidiaries, as reflected in the consolidated balance sheets of Seller included in the Seller Financial Statements, are carried in accordance with GAAP, specifically including but not limited to, FAS 115.
Organization; Power; Qualification Each of the Borrower, the other Loan Parties and the other Subsidiaries is a corporation, partnership or other legal entity, duly organized or formed, validly existing and in good standing under the jurisdiction of its incorporation or formation, has the power and authority to own or lease its respective properties and to carry on its respective business as now being and hereafter proposed to be conducted and is duly qualified and is in good standing as a foreign corporation, partnership or other legal entity, and authorized to do business, in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization and where the failure to be so qualified or authorized could reasonably be expected to have, in each instance, a Material Adverse Effect.
Organization; Power Each of Holdings, the Borrower and the Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the power and authority and all governmental rights, qualifications, approvals, authorizations, permits, accreditations, Reimbursement Approvals, licenses and franchises material to the business of the Borrower and the Subsidiaries taken as a whole that are necessary to own its assets, to carry on its business as now conducted and as proposed to be conducted and to execute, deliver and perform its obligations under each Loan Document to which it is a party and (c) except where the failure to do so, individually or in the aggregate, is not reasonably likely to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
PIPE Investment (a) Following the Original Agreement Date and until the date of the mailing of the Proxy Statement to the stockholders of Acquiror may enter into subscription agreements (each, a “Subscription Agreement”) with investors (a “PIPE Investor”) relating to an investment in convertible preferred stock of Acquiror (“PIPE Securities”) pursuant to a private placement to be consummated immediately prior to the consummation of the Business Combination (the “PIPE”), in either case, on terms mutually agreeable to Acquiror and the Company acting reasonably and in good faith (a “PIPE Investment”), provided that, unless otherwise agreed by Acquiror and the Company, the aggregate gross proceeds under the Subscription Agreements shall not exceed $100,000,000 (the “PIPE Investment Amount”), provided further that, such PIPE Investment Amount shall be increased to account for any fees paid by the Company in connection with the negotiation, execution and/or consummation of the PIPE Investment Amount. In connection with Acquiror seeking a PIPE Investment, Acquiror and the Company shall, and shall cause their respective Representatives to, cooperate with each other and their respective Representatives in connection with such PIPE Investment and use their respective commercially reasonable efforts to cause such PIPE Investment to occur (including having the Company’s senior management participate in any investor meetings and roadshows as reasonably requested by Acquiror). In connection with a PIPE Investment, to the extent necessary to address the treatment of the PIPE Securities underlying such PIPE Investment hereunder, Acquiror and the Company shall negotiate in good faith to amend or otherwise modify this Agreement to reflect such PIPE Securities. (b) Acquiror shall not reduce the PIPE Investment Amount or the subscription amount under any Subscription Agreement or reduce or impair the rights of Acquiror under any Subscription Agreement, permit any amendment or modification to be made to, any waiver (in whole or in part) of, or provide consent to modify (including consent to terminate), any provision or remedy under, or any replacements of, any of the Subscription Agreements, in each case, other than any assignment or transfer contemplated therein or expressly permitted thereby (without any further amendment, modification or waiver to such assignment or transfer provision); provided, that, in the case of any such assignment or transfer, the initial party to such Subscription Agreement remains bound by its obligations with respect thereto in the event that the transferee or assignee, as applicable, does not comply with its obligations to consummate the purchase of the PIPE Securities contemplated thereby, unless otherwise approved in writing by the other Party (which approval shall not be unreasonably withheld, conditioned or delayed), and except for any of the foregoing actions that would not increase conditionality or impose any new obligation on Acquiror. (c) Acquiror shall use its reasonable best efforts to take, or cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to consummate the transactions contemplated by any Subscription Agreement to which it is a party on the terms and conditions described therein, including maintaining in effect such Subscription Agreement and to use its reasonable best efforts to: (i) satisfy in all material respects on a timely basis all conditions and covenants applicable to Acquiror in such Subscription Agreement and otherwise comply with its obligations thereunder, (ii) confer with the Company regarding timing for delivery of any closing notice pursuant to such Subscription Agreement, and (iii) enforce its rights under such Subscription Agreement in the event that all conditions in such Subscription Agreement (other than conditions that Acquiror, the Company or any of their respective Affiliates control the satisfaction of and other than those conditions that by their nature are to be satisfied at the Closing) have been satisfied, to cause the applicable PIPE Investor to pay to (or as directed by) Acquiror the consideration set forth in such Subscription Agreement and consummate the transactions contemplated by such Subscription Agreement at or prior to Closing, in accordance with its terms. (d) Without limiting the generality of the foregoing, Acquiror shall give the Company prompt written notice: (i) of any breach or default (or any event or circumstance that, with or without notice, lapse of time or both, could give rise to any breach or default) by any party to any Subscription Agreement known to Acquiror; (ii) of the receipt of any written notice or other written communication from any party to any Subscription Agreement with respect to any actual, potential, threatened or claimed expiration, lapse, withdrawal, breach, default, termination or repudiation by any party to any Subscription Agreement or any provisions of any Subscription Agreement; (iii) of any amendment, waiver or modification to any Subscription Agreement entered into by Acquiror that such Party was permitted to make without the prior written consent of the Company in accordance with this Section 8.04(d), it being understood that such amendment, waiver or modification is not conditioned on delivery of such notice and (iv) if Acquiror does not expect to receive all or any portion of financing proceeds on the terms, in the manner or from the applicable PIPE Investors as contemplated by the Subscription Agreements.
Investment Policies The Borrower shall at all times be in compliance in all material respects with its Investment Policies (after giving effect to any Permitted Policy Amendments).
Investment Policy Investment objectives, policies and other restrictions for the management of the Investment Assets, including requirements as to diversification, are set forth in Exhibit A to this Agreement. The Sub-Advisor must discharge its duties hereunder in accordance with Exhibit A as revised or supplemented in separate written instructions provided from time to time by the Advisor or the Fund’s Board of Directors.
Organization; Powers Each of the Borrower and its Subsidiaries is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, has all requisite power and authority to carry on its business as now conducted and, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, is qualified to do business in, and is in good standing in, every jurisdiction where such qualification is required.
Investment Canada Act The Purchaser is not a “non-Canadian” within the meaning of the Investment Canada Act.
Investment Strategy The Company’s investment strategy described in the Registration Statement and the Prospectus accurately reflect in all material respects the current intentions of the Company with respect to the operation of the Company’s business, and no material deviation from such investment strategy is currently contemplated.

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