Management and Investment of Fund Sample Clauses

Management and Investment of Fund. The Fund in the hands of the Trustee, together with all additional contributions made thereto and together with all net income thereof, shall be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and Beneficiaries by the Trustee with all the powers, rights and discretions generally possessed by trustees, and with all the additional powers, rights and discretions conferred upon the Trustee under this Plan Statement. The Trustee shall have the exclusive authority to manage and control the assets of the Fund and shall not be subject to the direction of any person in the discharge of its duties except the directions of the Committee with respect to Employer Securities pursuant to Section 4.4 or the directions of the Committee to pay benefits hereunder, nor shall its authority be subject to delegation or modification except by formal amendment of this Plan Statement.
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Management and Investment of Fund. The Fund in the hands of the Trustee, together with all additional contributions made thereto and together with all net income thereof, shall be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and Beneficiaries by the Trustee with all the powers, rights and discretions generally possessed by trustees, and with all the additional powers, rights and discretions conferred upon the Trustee under this Plan Statement. Except to the extent that the Trustee is subject to the authorized and properly given investment directions of a Participant, a Beneficiary or an Investment Manager, and subject to the directions of the Committee with respect to the payment of benefits hereunder, the Trustee shall have the exclusive authority to manage and control the assets of the Fund and shall not be subject to the direction of any person in the discharge of its duties, nor shall its authority be subject to delegation or modification except by formal amendment of this Plan Statement. SECTION 5
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Management and Investment of Fund. The Fund in the hands of the Trustee, together with all additional contributions made thereto and together with all net income thereof, shall be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and Beneficiaries and alternate payees by the Trustee with all the powers, rights and discretions generally possessed by trustees, and with all the additional powers, rights and discretions conferred upon the Trustee under this Plan Statement. Except to the extent that the Trustee is subject to the authorized and properly given investment directions of the Committee, an Investment Manager, a Participant, a Beneficiary or an alternate payee, and subject to the directions of the Committee with respect to the payment of benefits hereunder, the Trustee shall have the exclusive authority to manage and control the assets of the Fund and shall not be subject to the direction of any person in the discharge of its duties, nor shall its authority be subject to delegation or modification except by formal amendment of this Plan Statement.
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Management and Investment of Fund. 28 1.25. Employer Contributions Account.................................................................29 SECTION 76 PROGRESSIVE VESTING.................................................................29 SECTION 77 FULL VESTING........................................................................29 (a) the Participant's death,.....................................................29 (b) the Participant's attainment of Normal Retirement Age,.......................29 (c) the Participant's Disability,................................................29 (d) a partial termination of the Plan which is effective as to the Participant, or..............................................................29
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Management and Investment of Fund. The Fund in the hands of the Trustee, together with all additional contributions made thereto and together with all net income thereof, shall be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and Beneficiaries by the Trustee with all the powers, rights and discretions generally possessed by trustees, and with all the additional powers, rights and discretions conferred upon the Trustee under this Plan Statement. Except to the extent that the Trustee is subject to the authorized and properly given investment directions of a Participant, a Beneficiary, an Investment Manager or the Committee, and subject to the directions of the Committee with respect to the payment of benefits hereunder, the Trustee shall have the exclusive authority to manage and control the assets of the Fund and shall not be subject to the direction of any person in the discharge of its duties, nor shall its authority be subject to delegation or modification except by formal amendment of this Plan Statement. EMPLOYER CONTRIBUTIONS ACCOUNT.
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Management and Investment of Fund. THE FUND IN THE HANDS OF THE TRUSTEE, TOGETHER WITH ALL ADDITIONAL CONTRIBUTIONS MADE THERETO AND TOGETHER WITH ALL NET INCOME THEREOF, SHALL BE CONTROLLED, MANAGED, INVESTED, REINVESTED AND ULTIMATELY PAID AND DISTRIBUTED TO PARTICIPANTS AND BENEFICIARIES BY THE TRUSTEE WITH ALL THE POWERS, RIGHTS AND DISCRETIONS GENERALLY POSSESSED BY TRUSTEES, AND WITH ALL THE ADDITIONAL POWERS, RIGHTS AND DISCRETIONS CONFERRED UPON THE TRUSTEE UNDER THE PLAN STATEMENT, EXCEPT TO THE EXTENT THAT THE TRUSTEE IS SUBJECT TO THE AUTHORIZED AND PROPERLY GIVEN INVESTMENT DIRECTIONS OF THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER. EXCEPT TO THE EXTENT THAT THE TRUSTEE IS SUBJECT TO THE AUTHORIZED AND PROPERLY GIVEN INVESTMENT DIRECTIONS OF THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER, AND SUBJECT TO THE DIRECTIONS OF THE ADMINISTRATOR'S REPRESENTATIVE WITH RESPECT TO THE PAYMENT OF BENEFITS HEREUNDER, THE TRUSTEE SHALL HAVE THE EXCLUSIVE AUTHORITY TO MANAGE AND CONTROL THE ASSETS OF THE FUND IN ITS CUSTODY AND SHALL NOT BE SUBJECT TO THE DIRECTION OF ANY PERSON IN THE DISCHARGE OF ITS DUTIES, NOR SHALL ITS AUTHORITY BE SUBJECT TO DELEGATION OR MODIFICATION EXCEPT BY FORMAL AMENDMENT OF THE PLAN STATEMENT. IF THE TRUSTEE IS SUBJECT TO THE INVESTMENT DIRECTIONS OF THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER, THE TRUSTEE SHALL NOT MAKE ANY INVESTMENT OR DISPOSE OF ANY INVESTMENT IN THE FUND EXCEPT UPON THE EXPRESS VERBAL OR WRITTEN DIRECTION OF THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER. ALSO, THE TRUSTEE SHALL BE UNDER NO DUTY TO QUESTION ANY INVESTMENT DIRECTIONS OF THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER, TO REVIEW OR MONITOR ANY SECURITIES OR PROPERTY HELD IN THE FUND OR THE PARTICIPANT'S ACCOUNTS, OR TO GIVE ANY ADVICE TO THE EMPLOYER, PARTICIPANTS, BENEFICIARIES OR INVESTMENT MANAGER WITH RESPECT TO THE INVESTMENT, RETENTION OR DISPOSITION OF ANY ASSETS HELD IN THE FUND OR THE PARTICIPANTS' ACCOUNTS. --------------------------------------------------------------------------------
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Related to Management and Investment of Fund

  • Investment of Funds NCPS will not commingle Escrow Funds received by it in escrow with funds of others and shall not invest such Escrow Funds. The Escrow Funds will be held in a non-interest bearing account.

  • Investment of Funds in the Collection Accounts and the Distribution Account. (a) Each Servicer may invest the funds in the related Collection Account and the related Escrow Account (to the extent permitted by law and the related Mortgage Loan documents) and the Trustee may (but is not obligated to) invest funds in the Distribution Account during the Trustee Float Period, and, with respect to the portion of funds in the Distribution Account deposited by a Servicer, shall (except during the Trustee Float Period) invest such funds in the Distribution Account at the direction of such Servicer (for purposes of this Section 3.12, such Accounts are referred to as an "Investment Account"), in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement; provided, however, that the Trustee shall have no obligation to invest funds deposited into the Distribution Account by a Servicer on the Remittance Date later than 10:00 a.m. (Pacific Standard Time). If no investment instruction is given in a timely manner, the Trustee shall hold the funds in the Distribution Account uninvested. All such Permitted Investments shall be held to maturity, unless payable on demand. Any investment of funds in an Investment Account (other than investments made during the Trustee Float Period) shall be made in the name of the Trustee in Permitted Investments selected by the applicable Servicer. The applicable Servicer shall be entitled to sole possession (except with respect to investment direction of funds and any income and gain realized on any investment in the Distribution Account during the Trustee Float Period, which shall be for the sole benefit of the Trustee) over each such related investment, and any certificate or other instrument evidencing any such investment shall be delivered directly to the applicable Servicer, or with respect to investments during the Trustee Float Period, the Trustee or its agent (with a copy to the Trustee or its agent if related to investment of funds in the Distribution Account not during the Trustee Float Period), together with any document of transfer necessary to transfer title to such investment to the applicable Servicer, or with respect to investments during the Trustee Float Period, the Trustee or its agent. In the event amounts on deposit in an Investment Account are at any time invested in a Permitted Investment payable on demand, the applicable Servicer, or with respect to investments during the Trustee Float Period, the Trustee may:

  • Acquisitions and Investments The Borrower will not, nor will it permit any Subsidiary to, make or suffer to exist any Investments (including without limitation, loans and advances to, and other Investments in, Subsidiaries), or commitments therefor, or become or remain a partner in any partnership or joint venture, or to make any Acquisition of any Person, except:

  • Investment of Funds in the Accounts The Trustee may direct any depository institution maintaining the Certificate Account or the Reserve Account, if any, for the Series and any other segregated Eligible Account, which Eligible Account shall be a Securities Account the contents of which are held for the benefit of Certificateholders of such applicable Series (each, an "Account"), to invest the funds therein at the specific written direction of the Depositor in one or more Eligible Investments bearing interest or sold at a discount, which shall be held to maturity unless payable on demand and which funds shall not be reinvested upon the maturity or demand for payment of such Eligible Investment. If the Depositor does not provide any investment directions by 10:00 a.m. on any Business Day, funds held in any Account will be invested in the Eligible Investments specified in clause (iv) of the definition thereof until receipt of investment directions to the contrary. Investments of such funds shall be invested in Eligible Investments that will mature so that such funds will be available for distribution on the next Distribution Date. Except as otherwise provided in the applicable Supplement, any earnings with respect to such Eligible Investments shall be paid to, and any losses with respect to such Eligible Investments shall be solely for the account of, the Certificateholders in proportion to their interest in the invested funds. In the event amounts on deposit in an Account are at any time invested in an Eligible Investment payable on demand, the Securities Intermediary, on behalf of the Trustee and the Trust, shall:

  • Subsidiaries and Investments The Company does not own, directly or indirectly, any capital stock or other equity, ownership or proprietary interest in any corporation, partnership, association, trust, joint venture or other entity (each a "Company Subsidiary").

  • Loans and Investments Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time make or suffer to remain outstanding any loan or advance to, or purchase, acquire or own any stock, bonds, notes or securities of, or any partnership interest (whether general or limited) or limited liability company interest in, or any other investment or interest in, or make any capital contribution to, any other Person, or agree, become or remain liable to do any of the foregoing, except:

  • Limitations on Loans, Advances, Investments and Acquisitions Purchase, own, invest in or otherwise acquire, directly or indirectly, any Capital Stock, interests in any partnership or joint venture (including, without limitation, the creation or capitalization of any Subsidiary), evidence of Indebtedness or other obligation or security, substantially all or a portion of the business or assets of any other Person or any other investment or interest whatsoever in any other Person, or make or permit to exist, directly or indirectly, any loans, advances or extensions of credit to, or any investment in cash or by delivery of property in, any Person except:

  • Investments in Real Estate Make any investment or commitment to invest in real estate or in any real estate development project (other than by way of foreclosure or acquisitions in a bona fide fiduciary capacity or in satisfaction of a debt previously contracted in good faith, in each case in the ordinary course of business consistent with past practice).

  • The Investment Account; Eligible Investments (a) Not later than the Withdrawal Date, the Master Servicer shall withdraw or direct the withdrawal of funds in the Custodial Accounts for P&I, for deposit in the Investment Account, in an amount representing:

  • Limited Liability for Permitted Investments Subject to Section 6.1(c), the Indenture Trustee will not be liable for any insufficiency in Bank Accounts resulting from a loss on a Permitted Investment, except for losses attributable to the Indenture Trustee’s failure to make payments on the Permitted Investments issued by the Indenture Trustee, in its commercial capacity as principal obligor and not as trustee. The Indenture Trustee is not obligated to monitor the activities of any Qualified Institution (unless the Qualified Institution is also the Indenture Trustee) and will not be liable for the actions or inactions of any Qualified Institution (unless the Qualified Institution is also the Indenture Trustee).

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