Powers of the Custodian. The Custodian will have the power, but, in the absence of proper direction from the Employer, Plan Administrator, or Investment Fiduciary, as appropriate, not the duty, to take any action set forth below:
(a) invest all or a portion of the Fund (including idle cash balances) in time deposits, savings accounts, money market accounts, or similar investments bearing a reasonable rate of interest in the Custodian's own savings department or the savings department of another financial organization;
(b) vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges or subscription rights and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to pay any assessment or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities, or other property;
(c) hold securities or other property of the Fund in its own name, in the name of its nominee (as allowed under Department of Labor Regulation section 2550.403a-1(b)), or in bearer form; and
(d) make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted.
Powers of the Custodian. The Custodian is authorized and empowered to:
a. Hold assets in the nominee selected by the Custodian or such other nominee name as the Owner may direct in writing.
b. Employ agents other than persons on its regular payroll and delegate to them such ministerial and other nondiscretionary duties as it sees fit and to rely upon such information furnished by such agents.
c. Make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any other instruments that may be necessary or appropriate to carry out the custodianship duties and powers.
Powers of the Custodian. The Custodian is authorized and empowered to:
(a) Hold assets in the Agency’s name or in the name of a nominee selected by the Custodian or at recognized securities depositories.
(b) Employ agents other than its employees and delegate to them such ministerial and other nondiscretionary duties as it sees fit and to rely upon information furnished by such agents.
(c) Make, execute, acknowledge and deliver any and all documents of transfer and conveyance and other instruments that may be necessary or appropriate to carry out its duties and powers.
Powers of the Custodian. The Custodian will have the power, but, in the absence of proper direction from the Employer, Plan Administrator, or Investment Fiduciary, as appropriate, not the duty, to take any action set forth below:
Powers of the Custodian. Master Credit Facility Agreement Camden 2008
(i) Xxxxxx Xxx hereby authorizes the Custodian, and the Grantor hereby acknowledges such power and right, to (a) take such action on behalf of Xxxxxx Mae and to exercise such rights, remedies, powers and privileges under this Cash Collateral Agreement as are specifically authorized to be exercised by the Custodian by the terms of this Cash Collateral Agreement, together with such rights, remedies, powers and privileges as are reasonably incidental thereto; (b) execute any of its duties as collateral agent under this Cash Collateral Agreement by or through agents or employees; and (c) retain experts (including counsel) and to act in reliance upon the advice of such experts concerning all matters pertaining to the agencies created by this Cash Collateral Agreement and its duties under this Cash Collateral Agreement, free from any liability for any action taken or omitted to be taken by it in good faith, without negligence, in accordance with the advice of such experts;
(ii) The Custodian agrees to perform only those duties specifically set forth in this Cash Collateral Agreement and no implied duties or obligations shall be read into this Cash Collateral Agreement. The Custodian shall have no duty to exercise any discretionary right, remedy, power or privilege granted to it by this Cash Collateral Agreement, or to take any affirmative action under this Cash Collateral Agreement, unless directed to do so by Xxxxxx Xxx in writing, and shall not, without the prior written approval of Xxxxxx Mae, consent to any departure by the Grantor from the terms of this Cash Collateral Agreement, waive any default by the Grantor under this Cash Collateral Agreement or amend, modify, supplement or terminate, or agree to any surrender of, this Cash Collateral Agreement or the Collateral; provided, however, that the Custodian shall not be required to take any action which exposes the Custodian to personal liability or which is contrary to this Cash Collateral Agreement, or any other agreement or instrument relating to the Collateral or applicable law;
(iii) Neither the Custodian nor any of its directors, officers, employees or agents shall be liable for any action taken or omitted to be taken by it or them under this Cash Collateral Agreement, or in connection with this Cash Collateral Agreement, except for its or their own negligence or willful misconduct; nor shall the Custodian be responsible for the validity, effectiveness, valu...
Powers of the Custodian. The Custodian is authorized and empowered to:
a. Hold assets in the name of the Custodian, which may include entering into depository arrangements for the safekeeping of records relevant to the ownership of such assets with any entity or entities as the Custodian may choose.
b. Invest the assets of the Custodial Account in such investment vehicles as directed by Employer or a duly appointed investment advisor, including annuity or insurance contracts issued by licensed insurance companies, and to enter into amendments to such annuity or insurance contracts as so directed. The Custodian shall have no duty or responsibility to determine the appropriateness of any Plan(s) investment, or to cause such investments to be changed. The Employer shall be responsible to determine whether the Plan(s) and the investments directed by it are authorized by state law. The Custodian shall forward all notices, proposed contract amendments, rate or fee changes or other communications regarding all annuity or insurance contracts held in the Custodial Account to the Employer, and shall act on behalf of the Custodial Account with respect to any such notice, proposed amendment, change, or other communication only as directed by the Employer. Any rights of a contractholder under any such group annuity contract to discontinue, amend, or otherwise modify the contract shall be exercised only upon the specific written direction of the Employer to the issuer of the contract or by the Custodian at the Employer’s express written direction.
c. Make transfers among investment vehicles or disbursements from the Custodial Account as directed by the Employer or, if applicable, by the Plan(s) participants.
d. Employ agents other than persons on its regular payroll and delegate to them such ministerial and other non-discretionary duties as it sees fit and to rely upon such information furnished by such agents.
e. Vote any securities held in the Custodial Account, issue proxies to vote such securities, or exercise any other rights incidental to the securities including tender offers, as directed by the Employer.
f. Pay taxes of any and all kinds levied or assessed against the Custodial Account as directed by the Employer.
g. Delegate to Great-West, any or all ministerial duties arising out of this Agreement, and appoint Great-West as agent of Custodian for such purposes, including opening accounts with investment companies, and paying expenses and making distributions from the Custodial Account...
Powers of the Custodian. Except as xxxerwise provided in this Plan, the Custodian shall have the power to take any action with respect to the Fund which it deems necessary or advisable to discharge its responsibilities under this Plan including, but not limited to, the following powers:
Powers of the Custodian. The Custodian is authorized and empowered (but is entitled to request direction from the Agency with respect to such, if Custodian so requires) to:
(a) Hold assets in the Agency’s name or in the name of a nominee selected by the Custodian or at recognized securities depositories.
(b) Employ agents other than its employees and delegate to them such ministerial and other nondiscretionary duties as it sees fit and to rely upon information furnished by such agents.
(c) Make, execute, acknowledge and deliver any and all documents of transfer and conveyance and other instruments that may be necessary or appropriate to carry out its duties and powers.
Powers of the Custodian. The Custodian is authorized and empowered to:
3.1 Hold assets in the name of the nominee selected by the Custodian or such other nominee name as the Owner or investment manager may direct in writing.
3.2 Utilize agents other than persons on its regular payroll and delegate to them such ministerial and other non-discretionary duties as it sees fit and to rely upon such information furnished by such agents.
3.3 Make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any other instruments that may be necessary or appropriate to carry out the custodianship duties and powers.
3.4 Decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations.
3.5 Invest money or assets of the Account in any registered investment company to which the Custodian or an affiliate of the Custodian provides services and receives compensation for providing such services as such investment may be directed by Owner or an agent of Owner. July 2010 Xxxxx Fargo Institutional Retirement and Trust
3.6 Invest available cash in the Account, pending disbursement or investment, in a cash management vehicle as designated by the Owner or an agent of Owner. The Owner understands and agrees that cash management vehicles made available by the Custodian may include deposit accounts of the Custodian or an affiliate, and that such deposit vehicles are specifically authorized for use in the Account.
Powers of the Custodian. The Employer may appoint a custodian of the Plan assets. A custodian has the same powers, rights and duties as a nondiscretionary Trustee. Any reference in the Plan to a Trustee also is a reference to a custodian unless the context of the Plan indicates otherwise. A limitation of the Trustee’s liability by Plan provision also acts as a limitation of the custodian’s liability. The Custodian will be protected from any liability with respect to actions taken pursuant to the direction of the Trustee, Plan Administrator, the Employer, an Investment Manager, a Named Fiduciary or other third party with authority to provide direction to the Custodian. The resignation or removal of the custodian shall be made in accordance with Section 7.10 as though the custodian were a Trustee.
