Powers, Duties and Obligations of Xxxxxx Xxxxx Sample Clauses

Powers, Duties and Obligations of Xxxxxx Xxxxx. (a) Non-discretionary Broker-dealer Services. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise, I understand Xxxxxx Xxxxx will provide non–discretionary broker-dealer services. I understand and agree that with respect this Account, Xxxxxx Xxxxx is acting in the capacity or role of a broker- dealer and my financial advisor is an associated person of Xxxxxx Xxxxx as defined by Regulation Best Interest. Xxxxxx Xxxxx may also provide information about financial products, as well as investment research, investment recommendations, financial assessment tools, investor education, advice incidental to such services, and other services to enable me to make my investment decisions. These services will be limited to those offered by Xxxxxx Xxxxx in its regular course of business and subject to such limits as Xxxxxx Xxxxx may establish from time to time for my Accounts. I agree these services do not constitute financial planning or investment advisory services as provided by a Registered Investment Adviser. Xxxxxx Xxxxx will not charge a separate fee for these services. I understand that should I determine I need financial planning services, neither Xxxxxx Xxxxx nor my financial advisor provide financial planning services, and that I will need to seek those services elsewhere. My financial advisor may utilize a professional designation. I understand that Xxxxxx Xxxxx is not affiliated with any of the sponsoring firms of such professional designations and that the use or attainment by my financial advisor of a particular professional designation in no way implies that either Xxxxxx Xxxxx or my financial advisor provides financial planning services or investment advisory services, for my Account. I authorize and direct Xxxxxx Xxxxx, as broker-dealer, to provide execution services for securities and financial investments in my Account. Xxxxxx Xxxxx will arrange for delivery and payment in connection with the execution services rendered to me, and I authorize Xxxxxx Xxxxx to act on my behalf in all other matters necessary or incidental to the handling of my Account. Transactions in my Account will be made in accordance with the trading practices of Xxxxxx Xxxxx. Redemption fees or sales charges may be assessed upon the liquidation or redemption of securities. I understand that these fees and expenses may negatively affect my investment performance. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that s...
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Related to Powers, Duties and Obligations of Xxxxxx Xxxxx

  • Duties and Obligations The Administrative Agent shall not have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) the Administrative Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Administrative Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that the Administrative Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02), and, (c) except as expressly set forth in the Loan Documents, the Administrative Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any Loan Party or any Subsidiary that is communicated to or obtained by the bank serving as Administrative Agent or any of its Affiliates in any capacity. The Administrative Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02) or in the absence of its own gross negligence or willful misconduct as determined by a final nonappealable judgment of a court of competent jurisdiction. The Administrative Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Administrative Agent by the Borrower or a Lender, and the Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or in connection with any Loan Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, (v) the creation, perfection or priority of Liens on the Collateral or the existence of the Collateral, or (vi) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to the Administrative Agent.

  • Survival of Rights, Duties and Obligations 17.6.1 Termination of this Agreement for any cause shall not release a Party from any liability which at the time of termination has already accrued to the other Party or Parties or which thereafter may accrue in respect of any act or omission prior to such termination.

  • RIGHTS AND OBLIGATIONS OF THE CUSTOMER 5.1. The Customer shall:

  • Rights and Obligations of Parties The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

  • RIGHTS AND OBLIGATIONS OF THE PARTIES 13.2.1 The client shall be under obligation:

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