Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with Participants or their Beneficiaries. The Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, exercising the judgment and care that persons of prudence, discretion and intelligence would exercise under the circumstances then prevailing, considering the probable income and safety of their capital, including, without limiting the generality of the foregoing, the power:
(a) To invest and reinvest the Trust Fund, together with the income therefrom, in common stock, preferred stock, convertible preferred stock, mutual funds, bonds, debentures, convertible debentures and bonds, mortgages, notes, time certificates of deposit, commercial paper and other evidences of indebtedness (including those issued by the Trustee or any of its affiliates), other securities, policies of life insurance, annuity contracts, options to buy or sell securities or other assets, and other property of any kind (personal, real, or mixed, and tangible or intangible); provided, however, that in no event may the Trustee invest in securities (including stock or rights to acquire stock) or obligations issued by the Company, other than a de minimis amount held in common investment vehicles in which the Trustee invests;
(b) To deposit or invest all or any part of the assets of the Trust Fund in savings accounts or certificates of deposit or other deposits which bear a reasonable interest rate in a bank, including the commercial department of the Trustee, if such bank is supervised by the United States or any State;
(c) To hold, manage, improve, repair and control all property, real or personal, forming part of the Trust Fund and to sell, convey, transfer, exchange, partition, lease for any term, even extending beyond the duration of this Trust, and otherwise dispose of the same from time to time in such manner, for such consideration, and upon such terms and conditions as the Trustee shall determine;
(d) To have, respecting securities, all the rights, powers and privileges of an owner, including the power to give proxies, pay assessments and other sums deemed by the Trustee to be necess...
Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with Participants or their Beneficiaries. Subject to Section 3.1 above, the Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, exercising the judgment and care that persons of prudence, discretion and intelligence would exercise under the circumstances then prevailing, considering the probable income and safety of their capital, including, without limiting the generality of the foregoing, the power:
(a) To invest and reinvest the Trust Fund, together with the income therefrom, in common stock, preferred stock, convertible preferred stock, mutual funds, bonds, debentures, convertible debentures and bonds, mortgages, notes, time certificates of deposit, commercial paper and other evidences of indebtedness (including those issued by the Trustee or any of its affiliates), other securities, policies of life insurance, annuity contracts, options to buy or sell securities or other assets, and other property of any kind (personal, real, or mixed, and tangible or intangible); provided, however, that in no event may the Trustee invest in securities (including stock or rights to acquire stock) or obligations issued by the Company or the Affiliates, other than a de minimis amount held in common investment vehicles in which the Trustee invests;
(b) To deposit or invest all or any part of the assets of the Trust Fund in savings accounts or certificates of deposit or other deposits which bear a reasonable interest rate in a bank, including the commercial department of the Trustee, if such bank is supervised by the United States or any State;
(c) To hold, manage, improve, repair and control all property, real or personal, forming part of the Trust Fund and to sell, convey, transfer, exchange, partition, lease for any term, even extending beyond the duration of this Trust, and otherwise dispose of the same from time to time in such manner, for such consideration, and upon such terms and conditions as the Trustee shall determine;
(d) To have, respecting securities, all the rights, powers and privileges of an owner, including the power to give proxies, pay assessments a...
Management of Investments. 49 ------------------------- 16.1 Trust Agreement......................................... 49 16.2
Management of Investments. The Trustee, or Investment Committee if appointed, shall manage the investment of the Trust Fund except insofar as (A) an Investment Manager has authority to manage Trust assets, or (B) Participant Directed Assets are permitted as specified in the Adoption Agreement. Except as required by XXXXX, if an Investment Committee is acting, the Trustee shall invest the Trust Fund as directed by the Investment Committee, an Investment Manager or a Participant or Beneficiary, as the case may be, and the Trustee shall have no discretionary control over, nor any other discretion regarding, the investment or reinvestment of any asset of the Trust. Participant Directed Assets shall be invested in accordance with the direction of the Participant or, in the event of the Participant’s death before an Account is fully distributed, the Participant’s Beneficiary with respect to the assets involved; provided, however, that Participant Directed Assets may not be invested in “collectibles” (as defined in Code Section 408(m)(2)). If there are Participant Directed Assets, the investment of these assets shall be made in accordance with such rules and procedures established by the Plan Administrator which must be consistent with the rules and procedures of the Sponsor or its affiliate, as applicable.
Management of Investments. 6 3.4 Securities.................................................. 9 3.5 Substitution............................................... 9 3.6 Distributions.............................................. 9 3.7 Trustee Responsibility Regarding Payments on Insolvency..................................... 12 3.8
Management of Investments. (a) JOHIM shall, subject to paragraph 3.2, have complete discretion power and authority to manage the Portfolio and to make investments and changes in investments on the Client's behalf and as the Client's agent within the investment policy agreed between JOHIM and the Client and set out in Part I of Schedule II. Such policy shall be subject to the guidelines and restrictions set out in Part II of Schedule II and to any guidelines, restrictions and instructions specified in writing by the Client or by the Client's duly authorized agent (written notice of whose authority shall have been received by JOHIM). The Client's attention is specifically drawn to the warning set out in Part III of Schedule II.
(b) JOHIM may, at its discretion, by telephone or by letter and upon either JOHIM's or the Client's instigation give advice and receive and act upon instructions given by the Client from time to time, upon the investment policy relating to the Portfolio and in relation to specific investments whether or not comprised in the Portfolio, which advice the client shall not be obliged to follow. JOHIM may refuse to carry out any such instructions which appear to it to be unreasonable or the carrying out of which would, in JOHIM's opinion, adversely affect the Portfolio, JOHIM may, but shall not be obliged to, inform the Client of the basis on which the judgment leading to such advice is founded.
(c) If in accordance with paragraph 3.2 JOHIM gives advice or receives and acts upon instructions in relation to specific investments, then JOHIM shall confirm such advice and/or action taken pursuant to such instructions in writing.
(d) JOHIM, its representatives and employees may, without the Client's express invitation, at any reasonable time call upon the Client either in person or by telephone whenever it considers it in the Client's interest to do so. The Client hereby forfeits its right under Section 56 of the Financial Services Xxx 0000 to treat as unenforceable any investment agreement entered into in the course of or in consequence of such communication.
(e) JOHIM shall not be obliged to undertake the management of investments the management of which would in its opinion be onerous to it.
(f) The Client's United Kingdom in vestments will be registered in the name of a nominee company of Bank of Scotland of X.X. Xxx 00, 00 Xxx Xxxxx Xxxxxx, Xxxxxx XX0X 0XX or of another clearing bank int he United Kingdom (the "Bank") or, if in bearer form, will be held by the Bank f...
Management of Investments. 6 3.4 SECURITIES.....................................................................9 3.5 SUBSTITUTION...................................................................9 3.6 DISTRIBUTIONS..................................................................
Management of Investments. Each Centerline Party agrees to use reasonable commercial efforts within its capacity as asset manager, without any obligation to expend funds other than as required herein, to cause the Guaranteed Local Partnerships to operate their Properties in compliance with the requirements under Section 42 of the Code and in a manner so as to avoid recapture of Tax Credits.
Management of Investments. 6.5.1 Donors, Fund Advisors and Successor Advisors do not have direct control over the investment of donated assets but they may express preferences as follows:
(a) At a donor’s request, the capital of their fund may be invested taking into account ethical considerations.
(b) Fund Advisors or Successor Advisors may request that the Board reinvests some or the entire amount withdrawn from their Named Fund for a period (usually no longer than two years), rather than use it for Grants, to grow the capital value.
(c) In the case that a major Endowment Fund donation is acquired with significant involvement from a professional advisor, the donor may request that the Foundation considers reinvesting the capital with that advisor. Such arrangements are exceptional and entirely at the Board’s discretion and they will be subject to the Foundation’s normal investment policies.
Management of Investments. 16.1 Trust Agreement All Plan assets shall be held by the Trustee in trust, in accordance with those provisions of this Plan and Trust which relate to the Trustee, for use in providing Plan benefits and paying Plan expenses not paid directly by the Employer. Plan benefits will be drawn solely from the Trust and paid by the Trustee as directed by the Administrator. Notwithstanding, the Administrator may appoint, with the approval of the Trustee, another trustee to hold and administer Plan assets which do not meet the requirements of Section
