Investment Powers of the Trustee. The Trustee shall have and exercise the following powers and authority (i) over Investment Accounts for which it has express investment management discretion as provided in Section 3.4 or (ii) upon direction of the Investment Manager of an Investment Account or (iii) upon direction of the Administrator: (x) for a Client Managed Account; or (y) for lending to participants in the Plans:
(a) To purchase, receive, or subscribe for any securities or other property and to retain in trust such securities or other property.
(b) To sell for cash or on credit, to grant options, convert, redeem, exchange for other securities or other property, to enter into standby agreements for future investment, either with or without a standby fee, or otherwise to dispose of any securities or other property at any time held by it.
(c) To settle, compromise or submit to arbitration any claims, debts, or damages, due or owing to or from the trust, to commence or defend suits or legal proceedings and to represent the trust in all suits or legal proceedings in any court of law or before any other body or tribunal.
(d) To trade in financial options and futures, including index options and options on futures and to execute in connection therewith such account agreements and other agreements including contracts for the exchange of interest rates, or investment performance, currencies or other notional principal contracts in such form and upon such terms as the Investment Manager or the Administrator shall direct.
(e) Subject to Section 4.1(g), to exercise all voting rights, tender or exchange rights, any conversion privileges, subscription rights and other rights and powers available in connection with any securities or other property at any time held by it; to oppose or to consent to the reorganization, consolidation, merger, or readjustment of the finances of any corporation, company or association, or to the sale, mortgage, pledge or lease of the property of any corporation, company or association any of the securities which may at any time be held by it and to do any act with reference thereto, including the exercise of options, the making of agreements or subscriptions and the payment of expenses, assessments or subscriptions, which may be deemed necessary or advisable by the Investment Manager or Administrator in connection therewith, and to hold and retain any securities or other property which it may so acquire; and to deposit any property with any protective, reorganization or ...
Investment Powers of the Trustee. Subject to the limitations of Section 2.1, the Trustee shall invest and reinvest the Trust Fund as directed, free from any limitations imposed by state law on investments of trust funds and without distinction between income and principal, in any investment approved by the Named Fiduciary, including equity or debt securities, insurance policies and contracts, savings and time deposits, investment contracts issued by a bank, insurance company or other financial or similar institution, short-term instruments of deposit, registered investment companies (including any investment company, the advisor of which is an affiliate of the Trustee), investment partnerships or other pooled investments funds, common, collective or group trust funds (including any such fund held or maintained by the Trustee or an affiliate of the Trustee) for commingling assets of participating trusts, including but not limited to assets of retirement plans which are qualified under Section 401(a) of the Code (the instrument of trust creating any such qualified common, collective or group trust fund, to the extent of the Trust Fund's equitable share thereof, being adopted hereby). The Trustee shall have the power to hold all or a portion of the Trust Fund uninvested pending receipt of clear and proper investment directions or pending receipt of a contribution amount which is necessary to carry out an investment direction.
Investment Powers of the Trustee. Subject to the Grantor’s rights pursuant to Section 4.6 to direct investment of the Trust Fund, the Trustee shall have those powers provided under Washington law with respect to any property at any time held by it and constituting part of the Trust Fund.
Investment Powers of the Trustee. In addition to any powers which the Trustee may have under Washington law, the Trustee shall have, with respect to any property at any time held by him and constituting part of the Trust Fund, the power (subject to Grantor's right pursuant to Section 2.6 to direct the investment of the Trust Fund) to do any of the following:
2.10.1 To retain any property at any time received by the Trustee;
2.10.2 To sell or exchange any property at public or private sale for cash or on credit and to grant options for the purchase or exchange thereof;
2.10.3 To participate in any plan of reorganization, consolidation, merger, combination, liquidation, or other similar plan relating to any property held in the Trust Fund, and to consent to or oppose any such plan or any action thereunder, or any contract, lease, mortgage, purchase, sale, or other action by any person or corporation;
2.10.4 To exercise conversion and subscription rights pertaining to any property held in the Trust Fund;
2.10.5 To extend the time of payment of any obligation held in the Trust Fund;
2.10.6 To enter into stand-by agreements for future Investment, either with or without a standby fee;
2.10.7 To lend securities held in any Investment Fund to broker-dealers with whom the Trustee may from time to time conclude securities lending agreements on behalf of the Trust Fund, and to receive collateral for such securities; provided, however, the Trustee shall not lend securities if such lending activity would violate any State or Federal law;
2.10.8 To exercise all voting rights with respect to any investment and to grant proxies, discretionary or otherwise;
2.10.9 To settle, compromise, or submit to arbitration any claims, debts, or damages due or owing to or from the Trust; to commence or defend suits or legal proceedings to protect any interest of the Trust; and to represent or cause to be represented the Trust in all suits or legal proceedings in any court or before any other body or tribunal; and
2.10.10 For the purpose of the Trust, to borrow money from others, to issue its promissory note or notes therefor, and to secure the repayment thereof by pledging any property in Trustee's possession; provided, however, that no such loan or advance shall be made by the Trustee hereunder other than temporary advances to the Trust Fund, on a cash or overdraft basis, on which no interest is payable.
Investment Powers of the Trustee. In extension and not in limitation of the powers given it by law or by other provisions of this Agreement, and subject to the provisions of Article VII hereof, the Trustee shall have the following powers with respect to the Fund; each and all of which powers may be exercised without court order or other legal formality:
(a) To invest and reinvest any monies at any time forming a part of the Fund in any property, real, personal or mixed or any interest therein, wherever situate, which, in the opinion of the Trustee, offers possibilities for investment return through either capital appreciation or income or both, including, but not limited to, savings accounts or other savings investment media which are maintained by the banking department of the Trustee or an affiliate of the Trustee (including savings accounts and savings investment media whose balances exceed the maximum amount insured from time to time by the Federal Deposit Insurance Corporation), capital or common stock (whether voting or non-voting and whether or not currently paying a dividend), preferred or preference stock (whether voting or non-voting and whether or not currently paying a dividend), convertible securities, corporate and governmental obligations, shares of open-end investment companies as defined in the Investment Company Act of 1940 (including such investment companies designated by the Sponsor to which the Trustee or an affiliate provides investment advisory, investment management or other similar services for a fee provided that the Participating Plans do not pay any investment advisory, investment management or similar fee with respect to Fund assets invested in such investment company for the entire period of such investment), real property, leaseholds, ground rents, mortgages, junior mortgages and other interests in realty, notes and other evidences of indebtedness or ownership (secured or unsecured), contracts, partnership or joint venture interests chooses in actions, and warrants and other instruments entitling the owner thereof to subscribe to or purchase any of the aforesaid. Subject to the provisions of Section 6.5 hereof, investments pursuant hereto may be made by the Trustee without any duty to refrain from making investments which by any statute, rule of court or custom would not be considered appropriate investments for a trustee or which are not productive of income and without any limitation because of the size or nature of any investment, the size or nature of th...
Investment Powers of the Trustee. Subject to the Beneficiaries’ Representative’s rights pursuant to Section 4.5 to direct investment of the Trust Fund, the Trustee shall have those powers provided under Delaware law to protect, preserve and enforce the Trust’s interest with respect to any property at any time held by it and constituting part of the Trust Fund.
Investment Powers of the Trustee. Subject to the limitations set forth in Section 2.1(a) and 2.1(b), except to the extent that authority to direct investments has been delegated to one or more Investment Managers pursuant to Section 2.5 and as further provided in this Trust Agreement, the Trustee shall make investments as set forth below only as directed by the Administrator.
(a) The Trustee shall invest and reinvest the Trust Fund to keep it invested without distinction between principal and income as directed by the Administrator. Also, the Trustee shall invest the Trust Fund in such securities or property, real or personal, wherever situated, as the Administrator shall direct the Trustee, including, but not limited to, stocks, common or preferred, bonds and other evidences of indebtedness or ownership, and real estate or any interest therein. The investments shall not be restricted to securities or other property of the character expressly authorized by the applicable law for trust investments; however, the Administrator shall give due regard to any limitations imposed by the Internal Revenue Code of 1986, as amended (the "Code") or the Employee Retirement Income Security Act of 1974, as amended (the "Act") so that at all times the Plan and this Trust Agreement may be qualified under Sections 401(a) and 501(a) of the Code.
(b) The Trustee shall from time to time at the direction of the Administrator transfer to a common, collective, or pooled trust fund maintained by any corporate Trustee hereunder, including any one or more of the Trustee's funds, all or such part of the Trust Fund as the Administrator may direct, and such part or all of the Trust Fund so transferred shall be subject to all the terms and provisions of the common, collective, or pooled trust fund which contemplate the commingling for investment purposes of such trust assets with trust assets of other trusts. To the extent required by Revenue Ruling 81-100, and further to the extent consistent with the Trust Agreement, the instrument creating any such trust fund, is hereby incorporated and made a part of this Trust Agreement. From time to time at the direction of the Administrator, the Trustee shall withdraw from such common, collective, or pooled trust fund all or such part of the Trust Fund as the Administrator may direct.
(c) The Trustee, at the direction of the Administrator, shall employ a bank or trust company pursuant to the terms of its usual and customary bank agency agreement, under which the duties of such ban...
Investment Powers of the Trustee. Subject to the limitations of Section 2.1, the Trustee shall invest and reinvest the Trust Fund as directed, free from any limitations imposed by state law on investments of trust funds and without distinction between income and principal, in any investment approved by the Investment Fiduciary, including equity or debt securities, insurance policies and contracts (other than life insurance contracts), savings and time deposits, investment contracts issued by a bank, insurance company or other financial or similar institution, short-term instruments of deposit, registered investment companies (including any investment company, the advisor of which is an affiliate of the Trustee), investment partnerships or other pooled investment funds, common, collective or group trust funds (including any such fund held or maintained by the Trustee or an affiliate of the Trustee) for commingling assets of participating trusts, including, but not limited to, assets of retirement plans which are qualified under Section 401(a) of the Code (the instrument of trust creating any such qualified common, collective or group trust fund, to the extent of the Trust Fund’s equitable share thereof, being adopted hereby). The Trustee shall have the power to hold all or a portion of the Trust Fund uninvested pending receipt of clear and proper investment directions or pending receipt of a contribution amount which is necessary to carry out an investment direction.
Investment Powers of the Trustee. The Trustee shall have and exercise the following powers and authority (i) over Investment Accounts where it has express investment management discretion as provided in Section 3.4 or (ii) upon direction of the Investment Manager of an Investment Account or (iii) upon direction of the Investment Committee: (x) for a Company Directed Account and (y) for voting and tendering of qualifying employer securities;:
(a) To purchase, receive, or subscribe for any securities or other property and to retain in trust such securities or other property.
(b) To acquire and hold qualifying employer securities and qualifying employer real property, as such investments are defined in Section 407(d) of ERISA.
(c) To sell for cash or on credit, to grant options, convert, redeem, exchange for other securities or other property, to enter into standby agreements for future investment, either with or without a standby fee, or otherwise to dispose of any securities or other property at any time held by it.
(d) To settle, compromise or submit to arbitration any claims, debts, or damages, due or owing to or from the trust, to commence or defend suits or legal proceedings and to represent the trust in all suits or legal proceedings in any court of law or before any other body or tribunal.
(e) To trade in financial options and futures, including index options and options on futures and to execute in connection therewith such account agreements and other agreements in such form and upon such terms as the Investment Manager or the Investment Committee shall direct.
(f) To exercise all voting rights, tender or exchange rights, any conversion privileges, subscription rights and other rights and powers available in connection with any securities or other property at anytime held by it; to oppose or to consent to the reorganization, consolidation, merger, or readjustment of the finances of any corporation, company or association, or to the sale, mortgage, pledge or lease of the property of any corporation, company or association any of the securities which may at any time be held by it and to do any act with reference thereto, including the exercise of options, the making of agreements or subscriptions and the payment of expenses, assessments or subscriptions, which may be deemed necessary or advisable by the Investment Manager or Investment Committee in connection therewith, and to hold and retain any securities or other property which it may so acquire; and to deposit any property with an...
Investment Powers of the Trustee
