Trust Management. The trustee shall invest and reinvest the principal and income of the fund and keep the fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing to the trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the fund, the trustee shall discharge its duties with respect to the fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims, except that:
(A) Securities or other obligations of the grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the federal Investment Company Act of 1940, as amended (15 U.S.C. 80a-2(a)), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;
(B) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the federal government; and
(C) For a reasonable time, not to exceed sixty days, the trustee is authorized to hold uninvested cash, awaiting investment or distribution, without liability for the payment of interest thereon.
Trust Management. The trustee shall invest and reinvest the principal and income of the fund and keep the fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing to the trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the fund, the trustee shall discharge its duties with respect to the fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of xxxxxxxx, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims, except that:
(A) Securities or other obligations of the grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the federal Investment Company Act of 1940, as amended (15 U.S.C. 80a-2(a)), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;
(B) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the federal government, and in obligations of the federal government such as GNMA, FNMA, and FHLM bonds and certificates or state and municipal bonds rated BBB or higher by Standard and Poors or Baa or higher by Xxxxx’x investment services; and
(C) For a reasonable time, not to exceed sixty days, the trustee is authorized to hold uninvested cash, awaiting investment or distribution, without liability for the payment of interest thereon.
Trust Management. Requirements dictate the build of functionality exclusively around the management and administration of Trust type cases. This functionality will be developed in compliance to these needs.
Trust Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with directions which the Grantor may communicate in writing to the Trustee from time to time, except that:
(a) securities, notes, and other obligations of any person or entity shall not be acquired or held by the Trustee with monies comprising the Fund, unless they are securities, notes, or other obligations of the U.S. federal government or any U.S. state government or as otherwise permitted in writing by the EPA, after consultation with the State;
(b) the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent such deposits are insured by an agency of the U.S. federal or any U.S. state government; and
(c) the Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Trust Management. §3.1 The Trustee shall invest and reinvest the principal and income of the Trust and keep the Trust invested as a single fund, without distinction between principal and income. The Trustee shall add to principal any income not distributed pursuant to the provisions of this Agreement.
§3.2 The Trustee shall discharge its investment duty solely in the interest of the Department as beneficiary of this Trust and, subject to section 3.3(i), the Trustee shall seek to manage the Trust with that degree of judgment, skill and care under the circumstances then prevailing, which persons of prudence, discretion and intelligence, who are familiar with such matters, exercise in the management of their own affairs.
§3.3 For purposes of investing or reinvesting the assets in the Trust, the Trustee shall have investment discretion subject to the following guidelines:
(a) The Trustee may purchase shares of any mutual funds or “money market funds” which have their assets invested in equity shares, including any mutual fund for which the Trustee or any affiliate may be an advisor, subadvisor, manager, custodian or Trustee.
(b) The Trustee may purchase any equity shares, listed on a national or regional stock exchange or that are capable of being valued in accordance with any other daily-recognized valuation methodology.
(c) The Trustee may purchase any bonds listed on a national exchange or that are capable of being valued in accordance with any other daily recognized valuation methodology, including, but not limited to, bonds or obligations of any state or municipality, or that are obligations of or are guaranteed by the United States of America.
(d) The Trustee may invest in any interest bearing bank account or “money market” account.
(e) The Trustee may sell at public or private sale any shares acquired under this article.
(f) In regard to any shares or other equity interests the Trustee may hold, the Trustee may join in any merger, reorganization, voting‑trust plan or any other concerted action of owners or shareholders.
(g) The Trustee, in the exercise of its investment powers, may utilize puts and calls, short sales, options and warrants or other investment strategies generally recognized as prudent when utilized to enhance returns, reduce risk or mitigate loss.
(h) The Trustee may hold cash awaiting investment or distribution for a reasonable period of time, provided however, where possible and consistent with sound investment practices, shall invest such cash in overn...
Trust Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with directions which the Grantors may communicate in writing to the Trustee .from time to time, except that:
(a) securities, notes, and other obligations of any person or entity shall not be acquired or held by the Trustee with monies comprising the Fund, unless they are securities, notes, or other obligations of the U.S. government or any U.S. state government or as otherwise permitted in writing by the EPA;
(b) the Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent such deposits are insured by an agency of the U.S. or any U.S. state government; and
(c) the Trustee is authorized to hold cash awaiting investment or distribution, uninvested for a reasonable time and without liability for the payment of interest thereon.
Trust Management. (the “Escrow Agent”). The Buyer Termination Fee will be held by the Escrow Agent until the earlier of (i) the Closing, at which time the Buyer Termination Fee will be released to Buyer, and (ii) the date on which this Agreement is terminated, at which time the Buyer Termination Fee will be released to (A) Seller, if such termination is pursuant to (i) Section 10.1.2 (and the conditions set forth in Section 10.3.1.2 have been satisfied), or (ii) Section 10.1.6, or (B) Buyer, if not otherwise released to Seller in accordance with the foregoing clause (A) and the Buyer and Seller Parties shall then immediately jointly instruct in writing the Escrow Agent to immediately release the Buyer Termination Fee to the Seller or Buyer, as applicable, in accordance with the provisions of the Escrow Agreement. In addition, in order to secure the Sellers’ indemnification obligations under this Agreement at the Closing, Buyer shall deliver or cause to be delivered, out of and deducted from the Closing Cash Payment, cash in an amount equal to the Indemnification Escrow Amount, and the Indemnification Escrow Amount shall be deemed paid on account of the Purchase Price. The Indemnification Escrow Amount, plus accrued interest, shall provide Buyer with recourse with respect to the Seller Parties’ indemnification obligations under Section 9.2, subject to the terms and conditions set forth in Section 9.2 and in the Escrow Agreement. The Indemnification Escrow Amount and accrued interest (or any portion thereof) shall be distributed to the Buyer and Seller at the times, and upon the terms and conditions, set forth in the Escrow Agreement.
Trust Management. The Liquidation Trust will be managed by personnel with responsibilities as designated by the Board. Management personnel will be initially designated or approved by the Debtors, the Creditors’ Committee, and the Consenting Claimants and thereafter will serve at the discretion of the Board.
Trust Management. 2.1 Subject to the requirements of Clauses 2.3 and 7.2, the Settlor hereby transfers the Shares in trust management (the rights of ownership, use and disposal) to the Trustee, and the Trustee accepts the Shares for trust management in consideration of the Remuneration (“Trust Management”).
2.2 The Settlor shall be the beneficiary of the Trust Management.
2.3 The Trustee undertakes to:
2.3.1 take part in the management of the Company by participating in all General Meetings of Shareholders of the Company and voting with the Shares at such meetings;
2.3.2 receive information about the Company’s activities, examine and inspect any accounting records and accounting data, accounts, sales and other commercial information used in the management of the business of the Company and any Subsidiary of the Company, request and receive extracts from the Registrar;
2.3.3 send inquiries regarding the Company’s activities and receive answers to such inquiries;
2.3.4 initiate Extraordinary General Shareholders Meetings or the Board of Directors Meetings of the Company and add items to the General Shareholders Meeting agenda;
2.3.5 propose candidates for appointment to the Company’s Board of Directors.
2.4 The following actions shall require the Settlor’s prior written consent, and the Settlor may instruct the Trustee to:
2.4.1 file lawsuits against the Company, other shareholders of the Company, its management bodies, officers or employees, to file lawsuits challenging the decisions taken or actions performed by the Company, its management bodies, officers or employees;
2.4.2 exercise the Settlor’s right of pre-emption in purchasing shares or other securities convertible into shares issued by the Company; and
2.4.3 conduct an audit of the Company for the account of the Settlor.
2.5 The Trustee shall not, without the Settlor’s prior written consent:
2.5.1 transfer, pledge, sell, gift or otherwise dispose of the Shares or any part thereof or enter into any transaction having the economic effect of such transfer, alienation, pledge or encumbrance of the Shares.
2.6 Any Profit, other income and property derived from or linked to the Shares and New Shares must be paid directly to and received by the Settlor. The Trustee shall not be entitled to receive such Profit, income or property.
2.7 If the Profit is distributed by means of ordinary shares of the Company (the “New Shares”), the Settlor may, among other things, register its title to such New Shares in the Register, and, in t...
Trust Management. The Trustee shallinvest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with instructions from the Grantor which the Grantor may communicate in writing to the Trustee from time to time; exceot that: - -. ._ -. . . -_.--_ . = . .- .. .- - .-- - . - . - . - . . . . ~
(a) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their arfiliates es defined in the Investment Company Act of 1940, as amended (15 U.S.C. 80A-2(a)), shall not be acquired or held, unless they are securities or other obligations of the Federal or a State government;
(b) The Trustee is authorized to invest the fund in Eligibia Securities as hereinafter defined. Eligible Securities shall be securities or other obligations of the Federal Government, i.e., GNMA, FNMA, and FHLM bonds and certificates or State and Municipal bonds rated BBB or higher by Standard & Poor's or Baa or higher by Xxxxx'x Investment Services. HectiQnl. Exoress Powers of Trustee. Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale, as necessary to allow duty authorized withdrawals or to reinvest in Eligible Securities at the direction of the Grantor.
(b) To 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;
(c) To register any securities held in the Fund in the name of the Grantor, and to hold any security in bearer form or in book entry, to reinvest interest payments and funds from matured and redeemed instruments in Eligible Securities, to file proper forms concerning securities held in the fund in a timely fashion with appropriate government agencies, or to deposit or arrange for the deposit of such securities in a qualified central depository, or to deposit or arrange for the deposit of any securities issued by the U.S. Government, or any agency or instrumentality thereof, with a Federal Reserve Bank in book entry form, but the books and records of the Trustee shall at all times show that all such securities are part of the fund.
(d) To compromise or otherwise ad...
