Your Portfolio Sample Clauses

Your Portfolio. Where your investments are held overseas, there may be different settlement, legal and regulatory requirements from those applying in the United Kingdom, together with different practices for the separate identification of your investments. We will not borrow on your behalf, nor will we commit you to a contract that may need borrowing in order to achieve performance. We will not commit your monies to an obligation as an underwriter of any issue or offer for sale of securities. Our responsibilities to you in respect of your investments will be limited to the management of your portfolio as covered by this agreement, except where mutually agreed between us. We will not offer any broader financial planning and/or tax planning services e.g. capital gains tax and inheritance tax considerations and accept no responsibility for your broader financial / tax planning arrangements or requirements. It is recommended that you speak to your normal financial adviser in relation to these areas. We will review the portfolio on an ongoing basis and if any changes are needed to ensure that the objectives of the model portfolio (as detailed in this agreement) are met then these changes will be made.
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Your Portfolio. 3.1 This Agreement commences on either the date of our welcome letter notifying you that all account opening formalities have been satisfactorily completed, or the date on which we receive monies from you for your investment in the Portfolio, whichever is later. 3.2 The Service invests in collective investment schemes, the provider of which may be a Lloyds Banking Group company, or an external third party. Authorisation is hereby given by you, to carry out transactions in collective investment schemes either managed or participated in by Lloyds Banking Group, or by an external third party. 3.3 We will advise you of the initial value and composition of your Portfolio as soon as reasonably practicable after such Portfolio is completed. 3.4 Placing your investment money under our management to invest in a Portfolio constitutes a representation upon which we may rely that: 3.4.1 you have the power to enter into and perform your obligations under this Agreement and that it is valid, legal and binding upon you; 3.4.2 save as disclosed to us in writing, the monies introduced into the Portfolio are your own property or property over which you have control free from any Encumbrance; 3.5 You can add further monies to your Portfolio at any time, provided that the further monies meet the minimum amount set by us and are accepted by us at our discretion. 3.6 You undertake that, unless with our prior consent, you will not dispose of, encumber or otherwise deal with any of the Assets in the Portfolio before the relevant Asset has been withdrawn from the Portfolio. 3.7 We may from time to time give advice on investments or money outside your Portfolio but we are under no duty to manage such investments or money or to keep them under continuous review. 3.8 Depending on your Investment Objectives, the collective investment schemes in which your Portfolio will be invested could include: 3.8.1 equity funds; 3.8.2 gilt funds; 3.8.3 corporate bond funds; 3.8.4 cash funds; 3.8.5 index tracking funds, including exchange traded funds; 3.8.6 property funds; 3.8.7 high yielding bond funds; 3.8.8 interest rate-hedged corporate bond funds; 3.8.9 absolute return bond funds; 3.8.10 absolute return equity funds; 3.8.11 emerging market equity funds; and 3.8.12 commodity funds. 3.9 Your Portfolio could be invested in collective investment schemes and securities: 3.9.1 the price of which may be affected by currency fluctuations; 3.9.2 which are exposed to leverage; 3.9.3 the price of which ...
Sample 1
Your Portfolio. Once you select a portfolio (“Your Portfolio”), your investment transactions will be executed in accordance with the Your Portfolio’s target allocation. You acknowledge that you will not be entitled or able to transact in or hold securities in your Account other than the ETF shares that are offered through the Services. You are solely responsible for selecting Your Portfolio. You select Your Portfolio at your sole risk knowing that (i) Your Portfolio may not perform better (and may perform worse) than any other portfolio or investment made available through the Services or otherwise available in the market, and (ii) Your Portfolio may not be suitable for your risk tolerance, investment time horizon, or investment goals. While the Services are designed to replicate the holdings of Your Portfolio over time, you acknowledge and agree that there is no guarantee, representation, warrant, or covenant that the holdings in your Account will match the allocations of Your Portfolio.
Sample 1
Your Portfolio. You undertake that: (i) (unless otherwise disclosed to us) the investments and cash comprising your Portfolio are within your beneficial ownership and are and will remain, for the term of this Agreement, free from all liens, charges and any other encumbrances; (ii) while this Agreement continues you will not, except through us, deal, or authorise anyone else to deal in the investments in your Portfolio; (iii) while this Agreement continues you will not, either directly or indirectly, cause us to incur any liability to any Third-Party which is not anticipated by the express terms of this Agreement; and (iv) you shall sign and/or produce, by the time we ask you to, any documents we need to enable us to carry out our duties under this Agreement.
Sample 1

Related to Your Portfolio

  • Loan Portfolio (a) Except as set forth in Section 3.17(a)(i) of the Company Disclosure Letter, as of the date hereof, neither the Company nor any of its Subsidiaries is a party to any written or oral loan, loan agreement, note or borrowing arrangement (including leases, credit enhancements, commitments, guarantees and interest-bearing assets) (collectively, “Loans”) with any director, executive officer or principal stockholder (as such terms are defined in Regulation O of the Federal Reserve (12 C.F.R. Part 215)) of the Company or any of its Subsidiaries. Section 3.17(a)(ii) of the Company Disclosure Letter sets forth (x) all of the Loans of the Company or its Subsidiaries that as of March 31, 2014 were (A) in default or contractually past due ninety (90) days or more with respect to the payment or principal or interest or on non-accrual status or (B) classified by the Company or any of its Subsidiaries or any regulatory examiner as “Other Loans Specially Mentioned,” “Special Mention,” “Substandard,” “Doubtful,” “Loss,” “Classified,” “Criticized,” “Credit Risk Assets,” “Concerned Loans,” “Watch List” or words of similar import, together with the principal amount of and accrued and unpaid interest on each such Loan as of the date hereof and the identity of the borrower thereunder, (y) by category of loan (i.e., commercial, consumer, etc.), all other Loans of the Company and its Subsidiaries that as of the date hereof were classified as provided in clause (x)(B), together with the aggregate principal amount of any accrued and unpaid interest on such Loans by category as of March 31, 2014 and (z) each asset of the Company and its Subsidiaries that as of March 31, 2014 was classified as “Other Real Estate Owned” and the book value thereof. (b) Except as has not had, and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on the Company, each Loan of the Company and any of the Subsidiaries (i) is evidenced by notes, agreements or other evidences of indebtedness that are true, genuine and what they purport to be, (ii) to the extent secured or purported to be secured, has been secured by valid Liens which have been perfected, (iii) is the legal, valid and binding obligation of the obligor named therein, enforceable in accordance with its terms, subject to bankruptcy, insolvency, fraudulent conveyance, moratorium, reorganization and other Laws of general applicability relating to or affecting creditors’ rights and to general equity principles and (iv) to the extent secured or purported to be secured, the collateral securing each Loan of the Company and any of its Subsidiaries is free and clear of all Liens (other than Permitted Liens). (c) Except as set forth in Section 3.17(c) of the Company Disclosure Letter, (i) none of the agreements pursuant to which the Company has sold Loans or pools of Loans or participations in Loans or pools of Loans contains any obligation to repurchase such Loans or interests therein and (ii) no demand or request has been made to repurchase any Loan. (d) Except as has not had, and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on the Company, the Company has complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Company satisfied, (i) the Company’s underwriting standards (and, in the case of Loans held for resale to investors, the underwriting standards, if any, of the applicable investors), (ii) all applicable requirements of federal, state and local Laws, (iii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Company or any of its Subsidiaries, on the one hand, and any Agency, Loan Investor or Insurer, on the other hand, (iv) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer, and (v) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. Since January 1, 2012, no Agency, Loan Investor or Insurer has (A) claimed in writing that the Company or any of its Subsidiaries has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by the Bank to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (B) imposed in writing restrictions on the activities (including commitment authority) of the Company or any of its Subsidiaries, or (C) indicated in writing to the Company or any of its Subsidiaries that it has terminated or intends to terminate its relationship with the Company or any of its Subsidiaries for poor performance, poor loan quality or concern with respect to the Company’s or any of its Subsidiaries’ compliance with Laws. (e) Each outstanding Loan (including Loans held for resale to investors) has been solicited and originated and is administered and serviced (to the extent administered and serviced by the Company or any of its Subsidiaries), and the relevant Loan files are being maintained, in all material respects in accordance with the relevant loan documents, the Company’s underwriting standards (and, in the case of Loans held for resale to investors, the underwriting standards, if any, of the applicable investors) and with all applicable requirements of federal, state and local Laws. (f) The aggregate book value of the Company’s and its Subsidiaries’ non-performing assets as of the date hereof is set forth in Section 3.17(f) of the Company Disclosure Letter. (g) The Company’s allowance for loan losses is in compliance with the Company’s (or the Bank’s) existing methodology for determining the adequacy of its allowance for loan losses as well as the Regulatory Agreements (as defined below) and the standards established by applicable Governmental Entities and the Financial Accounting Standards Board and is adequate under all such standards. (h) For purposes of this Section 3.17:

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