Xxxxxx of the Trustee. Except as otherwise provided in this Plan, the Trustee 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:
Xxxxxx of the Trustee. All rights, powers, authority and discretion exercisable by the Trustee under this Trust or by law shall be binding and conclusive on all interested parties; shall be exercisable by the EDUCATIONAL Trust ee in it s sole and abso lute discretion; shall be exercisable only in a fiduciary capacity and in the best inter ests of the beneficiaries; shall be construed in the br oadest po ssible manner; and shall be exercisable without prior or subsequent application to any court under the jurisdiction of which this Trust may be administered. The Tr ustee is under a duty to the beneficiaries to invest and manage the funds of the Trust as a prudent investor would, in a manner that is fair to all beneficiaries as a reflection of the Trust's purposes, terms, and obligations and in light of the circumst ances of the Tr ust and the relevant circumstances of its beneficiaries. The investment decisions of a Trustee shall be evaluated not in isolation, but in the context of the investment portfolio as a whole and as part of an overall investment strategy reasonably suited to the Trust.
Xxxxxx of the Trustee. A. The Trustee shall have full power and authority to administer the trusts herein established, and, without limiting the generality of the foregoing, expressly the following powers:
Xxxxxx of the Trustee. Except as may otherwise be provided in this Agreement, the Trustee shall have the following powers, to be exercised in its discretion, in addition to and not in limitation of those granted by law: to retain assets, without duty of diversification, in kind or to sell the same, at public or private sale, at such times and upon such terms and conditions as it sees fit; to invest in any kind of property, or fractional interest therein, no matter where located, without regard to any otherwise applicable statutory or other limitations on investment by fiduciaries; to purchase policies of life insurance, to pay premiums thereon from income or principal and to exercise all right of ownership thereover; to pledge, exchange or mortgage any real or personal property and to lease the same for any period of time, including without limitation more than either five
Xxxxxx of the Trustee. Except as may otherwise be provided in this Agreement, the Trustee shall have the following powers, to be exercised in its discretion, in addition to and not in limitation of those granted by law: to retain assets, without duty of diversification, in kind or to sell the same, at public or private sale, at such times and upon such terms and conditions as it sees fit; to invest in any kind of property, or fractional interest therein, no matter where located, without regard to any otherwise applicable statutory or other limitations on investment by fiduciaries; to purchase policies of life insurance, to pay premiums thereon from income or principal and to exercise all right of ownership thereover; to pledge, exchange or mortgage any real or personal property and to lease the same for any period of time, including without limitation more than either five (5) years or the term of the Trust; to give or exercise options for sales, leases and exchanges; to borrow money; to lend money (including, without limitation, to any possible beneficiary hereunder) on commercially reasonable terms; to compromise claims; to vote shares of corporate stock, in person or by proxy, in favor of or against management proposals and otherwise exercise all right of security holders; to carry securities in the name of a nominee, including that of a clearing corporation or depository, in book entry form, unregistered or in such other form as will pass by delivery; to allocate realized capital gains to income or principal; to allocate receipts and disbursements as between income and principal; and to make distribution either in cash or in kind. Without limiting the foregoing, the Trustee may own property which is used as the principal residence, furniture, and other items meeting the “special needs” of [Name of Beneficiary] despite the fact that such property is nonproductive of income.
Xxxxxx of the Trustee. Subject to the provisions of Sections 8.02(B)(1), 8.02(B)(2) & 8.02(B)(3), the Trustee shall have the authority, in addition to any authority given by law, to exercise the following powers in the administration of the Fund:
Xxxxxx of the Trustee. The TRUSTEE shall have the following powers:
