Common use of Trading Authority and Your Instructions Clause in Contracts

Trading Authority and Your Instructions. Generally, the Client will direct and be responsible for the direction of investments through the Platform by: (i) carefully reviewing the information about investing and the Suggested Investments available on the Platform; (ii) carefully considering the Suggested Investment(s) that EarlyBird generates for you through the Platform; (iii) choosing your Selected Investment(s); and (iv) deciding whether to exclude a Suggested Investment from your Selected Investment(s). Moreover, it is the Client’s responsibility to conduct and monitor the inflows and outflows to and from the EarlyBird Account by using the Platform to initiate deposits to and withdrawals from the Client’s EarlyBird Account. However, EarlyBird shall have discretion over assets in your EarlyBird Account to the limited extent that EarlyBird shall have the following authority in connection with its provision of Advisory Services under this Advisory Agreement: ● to determine and modify from time to time which investments are offered through the Program and which Instruments comprise each of the Portfolios, including your Suggested Investment(s) and Selected Investment(s); ● to determine when, how often, and in what amounts to invest or reinvest dividends in your EarlyBird Account; ● to determine when, how often, and in what amounts to have uninvested cash in your EarlyBird Account held through the Custodian’s bank sweep program; ● to determine and modify from time to time procedures used in trading and allocating fractional shares in the Program; ● to determine the timing of purchases in relation to deposits; ● to determine the timing of sales and withdrawals in relation to requests for withdrawals or transfers; and ● to determine the action taken in response to a corporate action related to Instruments held in your EarlyBird Account provided that no proxy is required to do so and the action taken by EarlyBird is deemed to be in your best interest. The Instruments purchased or sold at your direction and/or held in your EarlyBird Account may be either whole shares or fractional shares, depending upon the cost of the shares and the dollar amount contributed to your EarlyBird Account. To the extent that fractional shares of any Instruments are allocated to any EarlyBird Account on behalf of any Client, EarlyBird divides a whole share and allocates any excess fractional shares to EarlyBird’s fractional facilitation account. EarlyBird in turn accumulates these fractional shares. In accordance with EarlyBird’s policies pertaining to the management of such accounts and positions, EarlyBird will manage the fractional facilitation account through trades in whole share quantities. You understand and agree that fractional shares are typically unmarketable and illiquid if held outside of your EarlyBird Account(s) and, as a result, fractional shares generally may not be transferable to another brokerage account. In the event of a liquidation or transfer of the assets in your EarlyBird Account(s) to another account, you hereby authorize EarlyBird to instruct the Broker and/or Custodian to sell fractional shares as necessary and transfer the cash to any subsequent custodian. There is no minimum account balance requirement for opening an EarlyBird Account. Earlybird reserves the right to change its minimum account balance requirement in its sole discretion. You will not continue to receive EarlyBird’s Advisory Services under this Advisory Agreement if an EarlyBird Account has been closed. EarlyBird and/or the Custodian may elect to close unfunded or underfunded EarlyBird Accounts, however, EarlyBird may continue to permit those account holders to access the Program (without the power to effect brokerage transactions).

Appears in 3 contracts

Samples: Investment Advisory Agreement, Investment Advisory Agreement, Investment Advisory Agreement

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Trading Authority and Your Instructions. This Section 3 applies to all Individual Accounts other than Discretionary Managed Accounts. For Trading Authority and Your Instructions related to your Discretionary Managed Account, please refer to the information detailed under “II. Trading Authority and Your Instructions” in Attachment B hereto. Generally, the Client will direct and be responsible for the direction of investments through the Platform by: (i) carefully reviewing the information about investing (including the Other Advice) and the Suggested Investments available on the Platform; (ii) carefully considering the Suggested Investment(s) that EarlyBird Stash generates for you through the Platform; (iii) choosing your Selected Investment(s); (iv) deciding whether to ignore the Other Advice; and (ivv) deciding whether to exclude a Suggested Investment from your Selected Investment(s). Moreover, it is the Client’s 's responsibility to conduct and monitor the inflows and outflows to and from the EarlyBird Stash Account by using the Platform to initiate deposits to and withdrawals from the Client’s EarlyBird 's Stash Account. However, EarlyBird except to the extent otherwise described in Attachment B attached hereto in connection with the Discretionary Managed Accounts (as applicable), Stash shall have discretion over assets in your EarlyBird Stash Account to the limited extent that EarlyBird Stash shall have the following authority in connection with its provision of Advisory Services advisory services under this Advisory Agreement: ● to determine and modify from time to time which investments Investments are offered through the Program and which Instruments comprise each of the Portfolios, including your Suggested Investment(s) and Selected Investment(s); ● to determine when, how often, and in what amounts to invest or reinvest dividends in your EarlyBird Stash Account; ● to determine when, how often, and in what amounts to have uninvested cash in your EarlyBird Stash Account held through the Custodian’s bank sweep program; ● to determine and modify from time to time procedures used in trading and allocating fractional shares in the Program; ● to determine the timing of purchases in relation to deposits; ● to determine the timing of sales and withdrawals in relation to requests for withdrawals or transfers; and ● to determine the action taken in response to a corporate action related to Instruments held in your EarlyBird Stash Account provided that no proxy is required to do so and the action taken by EarlyBird Stash is deemed to be in your best interest; and ● to place an order to buy a security necessary to process any reward granted to you pursuant to and in accordance with the then-effective terms and conditions of the Stock-Back® Rewards program or any other similar rewards or promotional program(s) offered by Stash and/or its affiliates. When Stash receives notice of a vote regarding a corporate action, legal proceeding or other related matter for a security in the Client’s Stash Account, Stash will forward such notice to the Client’s email. It shall be the Client’s sole responsibility on whether to vote and how to vote and whether to engage in any legal proceeding. Further, you acknowledge that when requesting a sale of a security, Stash can only sell up to the total amount of shares you own of that specific security at the time such sale order is placed and calculated by Stash’s portfolio management system. Note that the provision of a Stash Banking Account to a Client creates certain conflicts of interest for Stash in that an affiliate of Stash may receive revenue from an unaffiliated third party as a result of certain transactions made with the debit card issued in connection with your Stash Banking Account (your “Stash Debit Card”). Rewards earned through the Stock-Back® Rewards program as a result of qualifying purchases made on a Stash Debit Card are credited to your Stash Account in accordance with the then-effective terms and conditions of the Stock-Back® Rewards program. The Stock-Back® Rewards program is not sponsored or endorsed by Green Dot Bank, Green Dot Corporation, Visa U.S.A., or any of their respective affiliates, and none of the foregoing has any responsibility to fulfill any rewards earned through such program. The Instruments purchased or sold at your direction and/or held in your EarlyBird Stash Account may be either whole shares or fractional shares, depending upon the cost of the shares and the dollar amount contributed to your EarlyBird Stash Account. To the extent that fractional shares of any Instruments are allocated to any EarlyBird Stash Account on behalf of any Client, EarlyBird Stash divides a whole share and allocates any excess fractional shares to EarlyBirdStash’s fractional facilitation account. EarlyBird Stash in turn accumulates these fractional shares. In accordance with EarlyBird’s Stash's policies pertaining to the management of such accounts and positions, EarlyBird Stash will manage the fractional facilitation account through trades in whole share quantities. You understand and agree that fractional shares are typically unmarketable and illiquid if held outside of your EarlyBird Stash Account(s) and, as a result, fractional shares generally may not be transferable to another brokerage account. In the event of a liquidation or transfer of the assets in your EarlyBird Stash Account(s) to another account, you hereby authorize EarlyBird Stash to instruct the Broker and/or Custodian to sell fractional shares as necessary and transfer the cash to any subsequent custodian. There is no You agree and acknowledge that the following minimum account balance requirement balances for opening an EarlyBird Accounta Stash Account in the Program are: (i) $0.01 for all individual taxable brokerage accounts, (ii) $1.00 for all IRAs and Stash Custodial Accounts, and (iii) $5.00 for all Discretionary Managed Accounts, as further described in A ttachment B hereto (each shall respectively be referred to as the “Minimum Opening Balance”). Earlybird Stash reserves the right to change waive each Minimum Opening Balance requirement in its sole discretion. Furthermore, you agree and acknowledge that the minimum account balance for maintaining a Stash Account in the Program is $0.01 for all Individual Accounts other than Discretionary Managed Accounts, which is further described in Attachment B hereto (the “Minimum Balance”). Stash will review Stash Accounts in the Program periodically to identify any Stash Accounts with a balance below the Minimum Balance. If the balance for any of your Individual Accounts falls below the Minimum Balance associated with such Individual Account, Stash reserves the right to terminate this Advisory Agreement, your Individual Account and/or your Stash Account. Stash reserves the right to waive such Minimum Balance requirement in its sole discretion. You will not may continue to receive EarlyBirdStash’s Advisory Services advisory services under this Advisory Agreement if an EarlyBird pursuant to the Program even after a Stash Account has been closed. EarlyBird For example, Stash and/or the Custodian may elect to close unfunded or underfunded EarlyBird Stash Accounts, however, EarlyBird but Stash may continue to permit those account holders to access the Program (without the power to effect brokerage transactions). Such Clients receive our Financial Counseling Services and are considered accounts under advisement by Stash.

Appears in 1 contract

Samples: Advisory Agreement

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Trading Authority and Your Instructions. Generally, the Client Stash will direct and be responsible for the direction of investments through the Platform by: (i) carefully reviewing the information about investing and the Suggested Investments available on the Platform; (ii) carefully considering the Suggested Investment(s) that EarlyBird generates for you through the Platform; (iii) choosing your Selected Investment(s); and (iv) deciding whether to exclude a Suggested Investment from your Selected Investment(s)Discretionary Managed Account. Moreover, it It is the Client’s responsibility to conduct and monitor the inflows and outflows to and from the EarlyBird Discretionary Managed Account by using the Platform to initiate deposits to and withdrawals from the Client’s EarlyBird Discretionary Managed Account. However, EarlyBird Stash shall have discretion over assets in your EarlyBird Discretionary Managed Account to the limited extent that EarlyBird Stash shall have the following authority in connection with its provision of Advisory Services advisory services under this Advisory Agreement: ● to determine To purchase, sell , hold and modify modify, on your behalf, from time to time which investments Instruments are offered through the Program and which Instruments Automated Selected Investments comprise each of the Portfolios, including your Suggested Investment(s) and Selected Investment(s)Discretionary Managed Account; ● to determine when, how often, and in what amounts to invest or reinvest dividends in your EarlyBird Discretionary Managed Account; ● to determine when, how often, and in what amounts to have uninvested cash in your EarlyBird Discretionary Managed Account held through the Custodian’s bank sweep program; ● to determine and modify from time to time procedures used in trading and allocating fractional shares in the Programyour Discretionary Managed Account; ● to determine the timing of purchases in relation to depositsdeposits in your Discretionary Managed Account; ● to determine the timing of sales and withdrawals in relation to requests for withdrawals or transferstransfers in your Discretionary Managed Account; and ● to determine the action taken in response to a corporate action related to Instruments Automated Selected Investments held in your EarlyBird Discretionary Managed Account provided that no proxy is required to do so and the action taken by EarlyBird Stash is deemed to be in your best interest. When Stash receives notice of a vote regarding a corporate action, legal proceeding or other related matter for a security in the Client’s Discretionary Managed Account, Stash will forward such notice to the Client’s email. It shall be the Client’s sole responsibility on whether to vote and how to vote and whether to engage in any legal proceeding. The Instruments Automated Selected Investments purchased or sold at your direction and/or held in your EarlyBird Discretionary Managed Account may be either whole shares or fractional shares, depending upon the cost of the shares and the dollar amount contributed to your EarlyBird Discretionary Managed Account. To the extent that fractional shares of any Instruments Automated Selected Investments are allocated to any EarlyBird a Discretionary Managed Account on behalf of any Client, EarlyBird Stash divides a whole share and allocates any excess fractional shares to EarlyBirdStash’s fractional facilitation account. EarlyBird Stash, in turn turn, accumulates these fractional shares. In accordance with EarlyBirdStash’s policies pertaining to the management of such accounts and positions, EarlyBird Stash will manage the fractional facilitation account through trades in whole share quantities. You understand and agree that fractional shares are typically unmarketable and illiquid if held outside of your EarlyBird Account(s) Discretionary Managed Account, and, as a result, fractional shares generally may not be transferable to another brokerage account. In the event of a liquidation or transfer of the assets in your EarlyBird Account(s) Discretionary Managed Account to another account, you hereby authorize EarlyBird Stash to instruct the Broker and/or Custodian to sell fractional shares as necessary and transfer the cash to any subsequent custodian. There is no You agree and acknowledge that the minimum account balance requirement for opening an EarlyBird Accounta Discretionary Managed Account is $5.00 (“Minimum Opening Balance”). Earlybird Stash reserves the right to change waive such Minimum Opening Balance requirement in its sole discretion. Furthermore, you agree and acknowledge that the minimum account balance for maintaining a Discretionary Managed Account is also $5.00 (the “Minimum Balance”). Stash will review Discretionary Managed Accounts in the Program periodically to identify any Discretionary Managed Account with a balance below the Minimum Balance. Except as a result of market movement or conditions in the market, if the balance for your Stash Account falls below the Minimum Balance, Stash reserves the right to terminate this Advisory Agreement and/or your Discretionary Managed Account. Stash reserves the right to waive such Minimum Balance requirement in its sole discretion. You will not may continue to receive EarlyBirdStash’s Advisory Services advisory services under this Advisory Agreement if an EarlyBird pursuant to the Program even after a Discretionary Managed Account has been closed. EarlyBird and/or the Custodian Such Clients may elect to close unfunded already have one or underfunded EarlyBird Accountsmore other Individual Accounts opened with Stash, however, EarlyBird or will receive our Financial Counseling Services and may continue to permit those account holders to access the Program (without the power to effect brokerage transactions)be considered accounts under advisement by Stash.

Appears in 1 contract

Samples: Advisory Agreement

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