Power of Trustee. The Trustee shall have the power to do all acts, institute all proceedings and exercise all rights, power and privileges that an absolute owner of the Trust would have, subject to the rules and regulations of the Arkansas Department of Human Services as they now exist or may later be amended, as pertain to an Income Trust pursuant to 42 U.S.C. 1396p.
Power of Trustee. The Trustee shall act solely as directed trustee of the assets it holds for the Plan (“Trust Fund”). In addition to and not in limitation of such powers as the Trustee has by law or under any other provisions of the Plan, the Trustee shall have the following powers, each of which the Trustee exercises solely as a directed trustee in accordance with the written direction of the Employer except to the extent a Plan asset is subject to Participant direction of investment and provided that no such power shall be exercised in any manner inconsistent with the provisions of ERISA:
(a) to deal with all or any part of the Trust Fund and to invest all or a part of the Trust Fund in Permissible Investments, without regard to the law of any state regarding proper investment;
(b) to retain uninvested such cash as the Administrator, named fiduciary, or Plan Participant under the Plan may, from time to time, direct;
(c) to sell, lease, convert, redeem, exchange, or otherwise dispose of all or any part of the assets constituting the Trust Fund;
(d) to enforce by suit or otherwise, or to waive, its rights on behalf of the Trust, and to defend claims asserted against it or the Trust, provided that the Trustee is indemnified to its satisfaction against liability and expenses including claims for delinquent contributions for which the Administrator, pursuant to its duties under Article 4.14 of the BPD, has directed in writing the Trustee to pursue );
(e) to employ legal, accounting, clerical, and other assistance to carry out the provisions of this Trust Agreement and to pay the reasonable expenses of such employment, including compensation, from the Trust if not paid by the Employer;
(f) to compromise, adjust, and settle any and all claims against or in favor of it or the Trust;
(g) to oppose, or participate in and consent to the reorganization, merger, consolidation, or readjustment of the finances of any enterprise, to pay assessments and expenses in connection therewith, and to deposit securities under deposit agreements;
(h) to apply for or purchase annuity contracts in accordance with Article 14 of the BPD;
(i) to hold securities unregistered, or to register them in its own name or in the name of nominees in accordance with the provisions of Section 2550.403a-1(b) of Department of Labor Regulations;
(j) to appoint custodians to hold investments within the jurisdiction of the district courts of the United States and to deposit securities with stock clearing corporations ...
Power of Trustee. As directed by the Committee, the Trustee shall have the authority and power to:
(a) Sell, transfer, mortgage, pledge, lease or otherwise dispose of, or grant options with respect to, any portion of the Trust Fund at public or private sale;
(b) Invest cash contributions by the Company;
(c) Vote any stocks (including Company Stock, as provided in Section 4.3 of this Trust Agreement), bonds or other securities held in the Trust Fund or otherwise consent to or request any action on the part of the issue in person or by proxy;
(d) Give general or specific proxies or powers of attorney with or without powers of substitution; FORM S-8/ 81
(e) Participate in reorganizations, recapitalizations, consolidations, mergers, tender offers, offers to purchase and similar transactions with respect to Company Stock or any other securities;
(f) Deposit such Company Stock or other securities in any voting trust, or with any protective or like committee, or with a trustee or with depositories designated thereby;
(g) Exercise any options, subscription rights and conversion privileges;
(h) Xxx, defend, compromise, arbitrate or settle any suit or legal proceeding or any claim due it or on which it is liable;
(i) Perform all acts which the Trustee shall deem necessary or appropriate and exercise any and all powers and authority of the Trustee under this Trust Agreement; and
(j) Exercise any of the powers of an owner, with respect to such Company Stock and other property in the Trust Fund. The Committee may authorize the Trustee to act on any matter or class of matters with respect to which direction or instruction to the Trustee by the Committee is called for hereunder without specific direction or other instruction from the Committee.
Power of Trustee. During the period this Agreement shall be in force, the Trustee shall possess the legal title to the shares deposited and shall be entitled to exercise all rights of every type and nature including, without limitation, the right to vote in person or by proxy with respect to any and all shares. The Trustee shall have the right to exercise in person or by proxy all voting rights and powers in respect of all stock deposited and to take part in or consent to any corporate or shareholders' action of any kind whatsoever. The right to vote shall include the right to vote for the election of directors, and in favor of or against any resolution or proposed action of any character whatsoever which may be presented at any meeting or require the consent of shareholders of the Company. Without limiting such general right, it is understood that such action or proceeding may include, upon terms satisfactory to the Trustee, the sale of all or any part of the Company and the dissolution of the Company or the consolidation, merger, reorganization or recapitalization of the company.
(a) Considering the foregoing, the right of the Trustee to vote shall include the right of the Trustee to vote for himself as a director and/or officer of the Company, and participate in fixing the amount of compensation therefor or as an employee of the Company. Further, the Trustee, or any firm of which he is an employee, owner, director, or agent, may contract with the Company or be or become pecuniarily interested in any matter or transaction to which the Company may be a party, as fully as though that person were not a Trustee hereunder.
(b) The Trustee, however, shall exercise the voting powers and rights of the stock placed within the Trust after he has determined how the Shareholders would like him to vote. In the event that the Shareholders cannot come to a unanimous agreement, then the Trustee shall take an informal poll of the Shareholders. Based on the results of this informal poll, the Trustee shall exercise the voting powers of the stock placed within the trust according to desires of two-thirds of the Shareholders.
Power of Trustee. Subject to Section 5(a), the Trustee, or the Trustee's designee, is authorized and empowered:
(i) To invest and reinvest Trust assets, together with the income therefrom, in common stock, preferred stock, convertible preferred stock, bonds, debentures, convertible debentures and bonds, mortgages, notes, commercial paper and other evidences of indebtedness (including those issued by the Trustee), shares of mutual funds (which funds may be sponsored, managed or offered by an affiliate of the Trustee), guaranteed investment contracts, bank investment contracts, other securities, policies of life insurance, annuity contracts, options, options to buy or sell securities or other assets, and all other property of any type (personal, real or mixed, and tangible or intangible);
(ii) To deposit or invest all or any part of the assets of the Trust in savings accounts or certificates of deposit or other deposits in a bank or savings and loan association or other depository institution, including the Trustee or any of its affiliates, provided with respect to such deposits with the Trustee or an affiliate the deposits bear a reasonable interest rate;
(iii) To hold, manage, improve, repair and control all property, real or personal, forming part of the Trust; 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;
(iv) To hold in cash, without liability for interest, such portion of the Trust as is pending investments, or payment of expenses, or the distribution of benefits;
(v) To take such actions as may be necessary or desirable to protect the Trust from loss due to the default on mortgages held in the Trust including the appointment of agents or trustees in such other jurisdictions as may seem desirable, to transfer property to such agents or trustees, to grant to such agents such powers as are necessary or desirable to protect the Trust, to direct such agent or trustee, or to delegate such power to direct, and to remove such agent or trustee;
(vi) To settle, compromise or abandon all claims and demands in favor of or against the Trust;
(vii) To exercise all of the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under the laws of the state in which the Trustee has its principal place of business so that the powers conferred upon the Trustee herein shall not be in limitation of any authority conferred ...
Power of Trustee. The Authority hereby determines that there shall be, and there hereby are, vested in the Trustee, in addition to all its property, rights, powers and duties mentioned or referred to in any other provision of this 2015 Bond Resolution, the rights, powers and duties in this Article VI provided in trust for the SCPCFA.
Power of Trustee. The Trustee shall have, without exclusion, all powers conferred on trustees by applicable law, including but not limited to the right to exercise voting rights of stock held as an asset of the Trust unless expressly provided otherwise herein, provided, however, that if an insurance policy is held as an asset of the Trust, the Trustee shall have no power to name a beneficiary of the policy other than the Trust, to assign the policy (as distinct from conversion of the policy to a different form) other than to a successor Trustee, or to loan to any person the proceeds of any borrowing against such policy.
Power of Trustee. The Trustee shall act solely as directed trustee of the assets it holds for the Plan (“Trust Fund”). In addition to and not in limitation of such powers as the Trustee has by law or under any other provisions of the Plan, the Trustee shall have the following powers, each of which the Trustee exercises solely as a directed trustee in accordance with the written direction of the Employer except to the extent a Plan asset is subject to Participant direction of investment and provided that no such power shall be exercised in any manner inconsistent with the provisions of ERISA:
(a) to deal with all or any part of the Trust Fund and to invest all or a part of the Trust Fund in Permissible Investments, without regard to the law of any state regarding proper investment;
(b) to retain uninvested such cash as the Administrator, named fiduciary, or Plan Participant under the Plan may, from time to time, direct;
(c) to sell, lease, convert, redeem, exchange, or otherwise dispose of all or any part of the assets constituting the Trust Fund;
(d) to enforce by suit or otherwise, or to waive, its rights on behalf of the Trust, and to defend claims asserted against it or the Trust, provided that the Trustee is indemnified to its satisfaction against liability and expenses including claims for delinquent contributions for which the Administrator, pursuant to its duties under Article
