Investment Procedures. The Advisor shall place orders or otherwise give instructions with respect to the investment of the assets in the Subaccount only in accordance with the provisions of this Subsection 4(c). Except in accordance with the following provisions, the Advisor shall have no authority to place orders for the execution of transactions involving assets of the Subaccount or to give instructions to the Trustee with respect thereto:
Investment Procedures. The Escrow Agent shall use best efforts to invest or reinvest the Escrow Fund if deposited with the Escrow Agent after 11:00 a.m. (E.S.T.) on such day of deposit but shall have no obligation to do so. Instructions received after 11:00 a.m. (E.S.T.) will be treated as if received on the following Business Day. The Escrow Agent shall have no responsibility for any investment losses resulting from the investment, reinvestment or liquidation of the Escrow Fund if invested in accordance with the terms of this Agreement. Any interest or other income received on such investment and reinvestment of the Escrow Fund shall become part of the Escrow Fund and any losses incurred on such investment and reinvestment of the Escrow Fund shall be debited against the Escrow Fund. If a selection is not made and a written direction not given to the Escrow Agent, the Escrow Fund shall remain uninvested with no liability for interest therein. It is agreed and understood that the entity serving as Escrow Agent may earn fees associated with the investments outlined above in accordance with the terms of such investments. Notwithstanding the foregoing, the Escrow Agent shall have the power to sell or liquidate the foregoing investments whenever the Escrow Agent shall be required to release all or any portion of the Escrow Fund pursuant to this Agreement. In no event shall the Escrow Agent be deemed an investment manager or adviser in respect of any selection of investments hereunder. It is understood and agreed that the Escrow Agent or its affiliates are permitted to receive additional compensation that could be deemed to be in the Escrow Agent's economic self-interest for (1) serving as investment adviser, administrator, shareholder servicing agent, custodian or sub-custodian with respect to certain of the investments, (2) using affiliates to effect transactions in certain investments and (3) effecting transactions in Liquid Investments.
Investment Procedures. If the Manager at any time and from time to time thinks it desirable in the interests of the Holders to sell or otherwise dispose of, develop or reconstruct, exchange, vary, modify or otherwise change any Investment forming part of the Deposited Property, it shall inform the Trustee in writing of its proposal in that regard and shall supplement that writing with such information about the proposals as the Trustee reasonably requires and such proposals shall not provide for investment or reinvestment otherwise than in an Authorised Investment. Such proposals shall be rejected by the Trustee if they provide for investment or reinvestment otherwise than in an Authorised Investment or in contravention of Clause 10.3.
Investment Procedures. 10.10.1 If the Manager at any time and from time to time thinks it is desirable and in the interests of the Holders to sell or otherwise dispose of, reconstruct, exchange, vary, modify or otherwise change (including by buying or acquiring any Real Estate) any Investment forming part of the Deposited Property, it shall inform the Trustee in writing of its proposal and shall supplement with information about the proposals as the Trustee reasonably requires and such proposals shall not provide for investment or reinvestment otherwise than in an Authorised Investment. If, according to any advice or opinion of any relevant expert (including without limitation, any banker, valuer, accountant or legal adviser), such proposals provide for investment or reinvestment otherwise than in an Authorised Investment or in contravention of Clause 10.3 or the Manager fails to provide the supplemental information referred to in this Clause 10.10.1 to the satisfaction of the Trustee, the Trustee shall be entitled to, without liability, refuse to take such steps as instructed or requested by the Manager to effect such proposal.
10.10.2 As and to the extent required by the REIT Code, if Real Estate is to be acquired through the acquisition of shares in a Special Purpose Vehicle:
(a) the Manager shall procure that a report made by accountants (who shall be named in the Offering Circular or circular) shall be prepared on:
(i) the profit and loss of the Special Purpose Vehicle in respect of each of the three financial Years (or such other shorter period as appropriate) immediately preceding the transaction; and
(ii) the assets and liabilities of the Special Purpose Vehicle as at the last date (which shall not be more than six months old from the date of the report) to which the accounts of the Special Purpose Vehicle were made up;
(b) the report required under (a) shall:
(i) indicate how the profits and losses of the Special Purpose Vehicle would, in respect of the shares to be acquired, have concerned the Trust, if the Trust had at all material times held the shares to be acquired; and
(ii) where the Special Purpose Vehicle has subsidiaries, deal with the profits or losses and the assets and liabilities of the Special Purpose Vehicle and its subsidiaries, either as a whole, or separately; and
(c) contain a valuation report in respect of the Special Purpose Vehicle’s interest in Real Estate, and such report shall comply with the requirements set out in Clause 6.
Investment Procedures. General provisions.5 Direct and in- direct investments shall be made in ac- cordance with the general consent, lim- ited general consent, prior notice, or specific consent procedures contained in this section.
Investment Procedures. The procedures for equity investment in store companies by this Limited Partnership is as follows:
7.2.1 Ligang Capital will conduct due diligence investigation on store companies to be invested in and their store assets and submit due diligence report/analysis report/advice on investment to this Limited Partnership.
7.2.2 The Limited Partnership will convene meetings of the Investment Committee to make decisions with respect to the store companies to be invested in and their store assets.
7.2.3 When the resolution on investment is adopted by the Investment Committee by voting, Ningbo Yuansheng shall issue Notice of Paid-in Contribution to the Partners, and the Partners shall pay the capital contributions according to the size of investment and ratio of Subscribed Contribution. The Partners shall present Notice of Payment of Paid-in Contribution (whose form is show in Annex I) to Ningbo Yuansheng at the time of payment.
7.2.4 When the Limited Partnership receives the Paid-in Contributions made by the Partners, Ligang Capital will take charge of the work of equity investment in store companies according to the resolution of the Investment Committee and Ningbo Yuansheng shall assist in this respect as required.
7.2.5 In case that the Investment Committee resolves that this Limited Partnership invests in newly-established store companies or increases investments in Existing Store Companies as the investor, this Limited Partnership shall hold no less than 99% of the equity in the invested store companies and the number of store companies (newly-established or acquired) of each investment shall not be less than five (5).
Investment Procedures. Subject to the provisions of Section 13.06, each Participant shall specify in his Salary Reduction Agreement, or in any other form as may be provided by the Plan Administrator, the manner in which any Elective Contributions, Xxxx Contributions and Employer Contributions made to the Plan on his behalf are to be invested. A Participant may change the manner in which such contributions are to be invested in a signed writing delivered to the Plan Administrator, or may make the election described in Section 13.02 by filing an election form with the Plan Administrator. A Participant shall be entitled to change the manner in which his/her contributions are invested, subject to any rules or procedures established by the Plan Administrator in its sole discretion. Any such change in investment election under this Section 13.04 shall become effective as soon as administratively feasible. The Plan Administrator may authorize alternative methods for making investment elections, including electronic or telephonic communications, to be effective as soon as administratively feasible. The use of any such alternative method of making investment elections shall be considered to have been “filed” with the Plan Administrator. The availability of any such alternative investment election method (including all applicable rules, procedures, and limitations applicable thereto) shall be communicated to Participants.
Investment Procedures. As required by state statute, the City of Xxxxxxxx gives preference to local financial institutions when investing idle funds. Before investing any funds, the City shall conduct a competitive bid process. Investment bids will be taken by the director of Finance, or the person designated by the director of Finance, at times when investment of idle funds would be in the best interest of the City. Funds will also be invested as required by federal regulations regarding arbitrage rebate on bond proceeds. Such bid requests will be made orally and related collateral forwarded to the City no later than 24 hours after bids are taken. All of the financial institutions within the City limits will be notified annually of the City’s investment policy, and requirements for investing if they wish to participate in the bid process. If a financial institution meets or exceeds the state calculated benchmark investment rate for a given maturity, the City will not invest in the State Municipal Investment Pool or any U.S. Treasury or Agency obligations.
Investment Procedures. Please read this subscription agreement, complete and sign the relevant pages and send the completed subscription agreement, and for entity investors all applicable formation documents, to Hatteras Funds using the delivery instructions below. Send subscription funds via wire transfer to the account of Hatteras Global Private Equity Fund II, LLC (“the Fund”) using the wire instructions listed on the signature page. All WIRED AMOUNTS must be received by the Fund at least THREE BUSINESS DAYS before the end of the month for a subscription to be accepted and effective as of the beginning of the month immediately following such receipt.
Investment Procedures. (a) Upon the Administrative Agent’s receipt of the request referred to in Section 2.2, the Administrative Agent will promptly notify the Conduit Purchaser, and the Conduit Purchaser shall instruct the Administrative Agent to accept or reject such request by notice given to the Seller and the Administrative Agent by telephone or facsimile by no later than the close of its business on the Business Day following its receipt of such request. The request by the Seller referred to in Section 2.2 shall be irrevocable and binding on the Seller, and the Seller shall indemnify the Administrative Agent and each Purchaser against any loss or expense incurred by such Purchaser, either directly or indirectly (including, in the case of the Conduit Purchaser, through a Program Support Agreement) as a result of any failure by the Seller to satisfy, on or prior to the Closing Date, any of the terms or conditions set forth herein (including, but not limited to, the conditions set forth in Article V), including any loss (including loss of profit) or expense incurred by the Administrative Agent or any Purchaser, either directly or indirectly (including, in the case of the Conduit Purchaser, pursuant to a Program Support Agreement) by reason of the liquidation or reemployment of funds acquired by such Purchaser (or the applicable Program Support Provider(s)) (including funds obtained by issuing commercial paper or promissory notes or obtaining deposits or loans from third parties) in order to fund the Investment.
