Power to Invest the Trustees shall have unlimited discretion in the investment and management of the Fund or a Separate Account with respect to particular investments and schemes of investment, notwithstanding that any investment or investments may not be authorized by law for trustees and whether any investment is within or without Canada, including without restricting the generality of the foregoing, investments in mutual funds, common trust funds and pooled funds, and shall have the power to engage in transactions ancillary to any such investments, including, without restricting the generality of the foregoing, hedging, derivatives and securities lending transactions;
Power to Invest. The Trustees shall have unlimited discretion in the investment and management of the Fund or a Separate Account with respect to particular investments and schemes of investment, notwithstanding that any investment or investments may not be authorized by law for trustees and whether any investment is within or without Canada, including without restricting the generality of the foregoing, investments in mutual funds, common trust funds and pooled funds, and shall have the power to engage in transactions ancillary to any such investments, including, without restricting the generality of the foregoing, hedging, derivatives and securities lending transactions, subject to the terms of this Agreement and provided that the Trustees may not make any investment that could reasonably be expected to cause the Trust to cease to qualify as an “employee life and health trust” under s. 144.1 of the Income Tax Act (Canada);
Power to Invest. Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.
Power to Invest. It is expressly declared that, in its capacity as trustee in relation to the Security Agent Security Documents, the Security Agent shall be entitled to invest moneys forming part of the Trust Property and which, in the opinion of the Security Agent, may not be paid out promptly following receipt in the name or under the control of the Security Agent in any of the investments for the time being authorised by law for the investment by trustees of trust moneys or in any other property or investments whether similar to the aforesaid or not or by placing the same on deposit in the name or under the control of the Security Agent as the Security Agent may think fit without being under any duty to diversify its investments and the Security Agent may at any time vary or transpose any such property or investments for or into any others of a like nature and shall not be responsible for any loss due to depreciation in value or otherwise of such property or investments except in the case of fraud, wilful misconduct or gross negligence on the part of the Security Agent. Any investment of any part or all of the Trust Property may, at the discretion of the Security Agent, be made or retained in the names of nominees.
Power to Invest shall (subject to Section 9.16) be entitled (in its own name or in the names of nominees) to invest moneys from time to time forming part of the Trust Property or otherwise held by it as a consequence of any enforcement of the security constituted by the Loan Documents which, in the reasonable opinion of the Security Trustee, it would not be practicable to distribute immediately by placing the same on deposit in the name or under the control of the Security Trustee as the Security Trustee may think fit without being under any duty to diversify the same and the Security Trustee shall not be responsible for any loss due to interest rate or exchange rate fluctuations except for any loss arising from the Security Trustee’s gross negligence or wilful misconduct;
Power to Invest. The Trustees shall have power:
9.1.1. With the consent in writing of the Company to invest the whole or any part of the Trust fund in the acquisition (either by the Trustees alone or jointly with any other person) of any property whether or not involving liability or producing an income or upon such personal credit (with or without security) as the Trustees in their absolute discretion think fit.
9.1.2. To invest the whole or any part of the Trust Fund in Shares or rights to acquire Shares or securities convertible into Shares without being required to diversify or consider the diversification of investments.
Power to Invest shall (subject to clause 27.22 (Order of application)) be entitled (in its own name or in the names of nominees) to invest moneys from time to time forming part of the Trust Property or otherwise held by it as a consequence of any enforcement of the security constituted by the Transaction Security Documents which, in the reasonable opinion of the Security Agent, it would not be practicable to distribute immediately by placing the same on deposit in the name or under the control of the Security Agent as the Security Agent may think fit without being under any duty to diversify the same and the Security Agent shall not be responsible for any loss due to interest rate or exchange rate fluctuations except for any loss arising from the Security Agent’s gross negligence or wilful misconduct;
Power to Invest. So long as the TRA Bank is not notified of an Event of Default, the TRA Bank shall, from the amounts standing to the credit of the TRA Account (and any sub- accounts thereunder), invest in Authorised Investments as provided in this Agreement (“Permitted Investment”) and in each case with respect to those amounts next anticipated to be transferred or withdrawn, the Permitted Investment in relation thereof, shall have a scheduled maturity no later than such next anticipated cash withdrawal or transfer from such Account in accordance with this Agreement.
Power to Invest. Trustee shall be subject to the “prudent man” standard in investing the Trust property, but shall not be limited to the investments or types of investments permitted under applicable law governing investments by Trustees in the Commonwealth of Pennsylvania. Subject only to the “prudent man” standard, the Trustee shall not be liable for any error of judgment or for any act or omission pursuant to the powers granted in this Agreement except for the Trustee’s own willful misconduct or gross negligence.
Power to Invest i. So long as the Escrow Bank is not notified of an Event of Default, the Escrow Bank shall, from the amounts standing to the credit of the Escrow Account (and any sub- accounts thereunder), invest in Authorized Investments as provided in this Agreement (“Permitted Investment”) and in each case with respect to those amounts next anticipated to be transferred or withdrawn, the Permitted Investment in relation thereof, shall have a scheduled maturity no later than such next anticipated cash withdrawal or transfer from such Account in accordance with this Agreement.
ii. Upon the occurrence and during the continuance of an Event of Default, investment of such funds and reinvestment shall be made in Authorized Investments with the consent of AUTHORITY.
