Powers and Duties of Trustee. The Trustee shall not copy or show this agreement to any individual or entity other than the beneficiaries or successor trustees, nor shall the Trustee reveal the identity of the beneficiaries or the trust property to any individual or entity except by way of a Court Order duly executed by a Justice or Magistrate of a Court of competent jurisdiction. The trustee shall not record this agreement or the name of any of the beneficiaries in any place of public record. The Trustee, as the sole owner of record of the Trust Property, have the following powers with respect the Trust Property, at the written direction of the Beneficiary:
a. To issue notes or bonds and to secure the payment of the same by executing a security instrument conveying a lien on the whole or any part of the Trust Property;
b. To borrow money, giving notes therefor, or to assume existing debts related to the property signed by him or her in the capacity as Trustee;
c. To have, at the direction of the beneficiaries, the exclusive management and control of the property as if he were the absolute owner thereof, and the full power to do all things and perform all acts which in his or her judgment are necessary and proper for the protection and preservation of the Trust Property and for the interest of the Beneficiaries in the property of the Trust, subject to the restrictions, terms, and conditions set forth herein;
d. To rent or lease the whole or any part of the Trust Property for long or short terms, but not for terms exceeding the term of the Trust then remaining;
e. To represent the Trust and the Beneficiaries in all suits and legal proceedings relating to the Trust Property in any court of law or equity, or before any other bodies or tribunals; to begin suits and to prosecute them to final judgment or decree; to compromise claims or suits, and to submit the same to arbitration when, in their judgment, such course is necessary or proper. Trustee in addition to the other duties herein imposed upon him or her, shall have the obligation to:
f. To keep a careful and complete record of all the beneficial interests in the Trust Property with the name and residence of the person or persons owning such beneficial interest, and such other items as they may deem of importance or as may be required by the Beneficiaries.
g. To keep careful and accurate books showing the receipts and disbursements he or she has made on behalf of the Trust and also of the Trust Property and to keep books of the Trust op...
Powers and Duties of Trustee. In the administration of the Trust, the Trustee shall have the powers and duties set forth in this Article II, in addition to all powers and duties otherwise expressly set forth in this Trust Agreement. Subject to the other provisions of this Agreement, the Trustee is empowered:
(a) to invest and reinvest all or any part of Trust units or the Trust, including both principal and income, in securities pursuant to this Agreement;
(b) to purchase annuities and hold and retain such contract or contracts as part of the Trust;
(c) to invest and reinvest all or any part of the Trust under an insurance contract or contracts that contain provisions relating to a specified rate of return on such investment;
(d) to sell, lease, exchange, or otherwise dispose of all or any part of the Trust at such prices, upon such terms and conditions, and in such manner as it shall determine, including the right to surrender an annuity contract or contracts at any time held in the Trust;
(e) to exercise, buy, or sell rights of conversion or subscription;
(f) to enter into or oppose any plan of consolidation, merger, reorganization, capital readjustment, or liquidation of any corporation or other issuer of securities held hereunder (including any plan for the sale, lease, or mortgage of any of its property or the adjustment or liquidation of any of its indebtedness) and, in connection with any such plan, to enter into any security holders' trust agreement, to deposit securities under such agreement, and to pay assessments or subscriptions from the other assets held hereunder;
(g) to retain in cash or in forms of investment otherwise unproductive of income such portion of the Trust as determined by the Sponsor is necessitated by the cash requirements of the Trust; provided, however, that, to the maximum extent feasible, such amounts shall be held which are productive of income but are sufficiently liquid to meet such cash requirements;
(h) to deposit securities held hereunder in any depository;
(i) to transfer to and invest all or any part of the Trust in any collective investment trust which constitutes an exempt trust within the meaning of the Code and which is then maintained by a bank or trust company, or any of its affiliates, when such bank or trust company is acting as Trustee or agent for the Trustee; provided that the instrument establishing such collective investment trust, as amended from time to time, shall govern any investment therein, and is hereby made a part of this T...
Powers and Duties of Trustee. In the administration of the Trust, the Trustee shall have the powers and duties set forth in this Article II, in addition to all powers and duties otherwise expressly set forth in this Trust Agreement.
Powers and Duties of Trustee. The Trustee shall have all powers and duties granted and imposed under Code Sections 55-59 through 55-59.4
Powers and Duties of Trustee. The Trustee shall have all of the powers allowed to him by the provisions of the law governing this Trust. The Trustee shall specifically have the power to make and execute contracts for the lease or sale of the Trust Property, mortgages secured by the Trust Property, option agreements for the sale or lease of the Trust Property and to otherwise dispose of the Trust Property as the Trustee shall be directed by the Beneficiary. In addition, the Trustee shall have the power to perform any act that the Beneficiary in interest directs the Trustee to perform. The Trustee shall exercise his powers only upon the written direction of the Beneficiary. The Trustee shall only have such other duties as required in writing by the Beneficiary. The Trustee shall not have the power to bind the Beneficiary personally to any debt or obligation without the express written consent of the Beneficiary.
Powers and Duties of Trustee. The Trustee shall have all of the powers allowed to him by the provisions of the state law governing this Trust (see Paragraph 18). The Trustee shall specifically have the power to make and execute contracts for the lease or sale of the Trust Property, mortgages secured by the Trust Property, option agreements for the sale or lease of the Trust Property and to otherwise dispose of the Trust Property as the Trustee shall be directed by the majority in interest of the Beneficiaries. In addition, the Trustee shall have the power to perform any act that the majority in interest direct the Trustee to perform. The Trustee shall exercise his powers only upon the written direction of a majority in interest of the Beneficiaries. The Trustee shall have the duty to maintain an accurate record of the Beneficiaries of this Trust, which record shall include the name and address of the Beneficiaries and their respective interests in the Trust and be designated as Schedule "C". The Trustee shall only have such other duties as required in writing by a majority in interest of the Beneficiaries. The Trustee shall not have the power to bind the Beneficiaries personally to any debt or obligation without the express written consent of the Beneficiaries.
Powers and Duties of Trustee. The Trustee hereby agrees and covenants with the Parties hereto that it will perform all of its obligations under this Agreement and will not deliver custody or possession of any of the Trust Fund to anyone except pursuant to the express terms of this Agreement.
Powers and Duties of Trustee. 3.1 INVESTMENT DIRECTIONS....
Powers and Duties of Trustee. 3.1 Investment Directions 3.2 Management of Investments
3.3 Securities
3.4 Substitution 3.5 Distributions
Powers and Duties of Trustee. (a) The Trustee shall have the full and unqualified right and power in his discretion, as long as any Shares are subject to the provisions of this Agreement, (i) to vote the Shares either in person or by proxy, for every purpose for which the Shares may be voted according to the Company's Certificate of Incorporation, or to give written consent in lieu of voting thereon to any corporate act of the Company (including, without limitation, the election of the directors of the Company who may be elected by holders of the Shares, any amendment or amendments of the Certificate of Incorporation of the Company, the merger or consolidation of the Company into or with any other corporation or corporations, the sale of all or any part of the assets of the Company and the liquidation or dissolution of the Company), (ii) to waive notice of any regular or special meeting of stockholders of the Company, (iii) to call meetings of stockholders, (iv) to subject the voting of the Shares to the terms of any stockholder agreement with other stockholders of the Company and (v) to exercise all stockholders' rights and powers with respect to the Shares; provided, however, that if the Company shall be party to a merger, consolidation or other transaction as the result of which the holders of its Common Stock are entitled by law to surrender their shares of stock and receive in exchange therefor the fair market value thereof, the Trustee will, as soon as he is notified by the Company of the existence of such rights, notify the Stockholders of the transaction and of the existence of such rights and take appropriate steps to perfect and preserve such rights for those of the Stockholders who desire to exercise the same. The right to vote the Shares and the manner of voting them shall be determined by the Trustee in his sole discretion.
(b) Nothing herein contained shall disqualify the Trustee from serving as such if he does any of the following, nor shall anyone serving in such capacity be incapacitated from doing any of the following:
(i) dealing or contracting with the Company or any of its affiliates, either as a vendor, or purchaser, or (ii) serving the Company or any of its affiliates as an officer or director, or in any other capacity, and receiving compensation therefor.
