Duties as Investment Adviser Sample Clauses

Duties as Investment Adviser. (a) Subject to the supervision and direction of the Trust’s Board of Trustees (“Board”), Invesco PowerShares Capital Management will provide a continuous investment program for each Fund, including investment research and management with respect to all securities and investments and cash equivalents in the Fund. Invesco PowerShares Capital Management will determine, from time to time, what securities and other investments will be purchased, retained or sold by the Fund. Invesco PowerShares Capital Management shall initially determine and make such modifications to the identity and number of shares of the securities to be accepted pursuant to such Fund’s benchmark index in exchange for creation units for each Fund and the securities that will be applicable that day to redemption requests received for such Fund as may be necessary as a result of rebalancing adjustments and corporate action events (and may give directions to the Trust’s custodian with respect to such designations). (b) Invesco PowerShares Capital Management agrees that, in placing orders with brokers, it will attempt to obtain the best net result in terms of price and execution; provided that, on behalf of any Fund, Invesco PowerShares Capital Management may, in its discretion, use brokers who provide Invesco PowerShares Capital Management with research, analysis, advice and similar services, and Invesco PowerShares Capital Management may cause a Fund to pay to those brokers in return for brokerage and research services a higher commission than may be charged by other brokers, subject to Invesco PowerShares Capital Management’s determining in good faith that such commission is reasonable in relation to the research and execution services received. In no instance will portfolio securities be purchased from or sold to Invesco PowerShares Capital Management, or any affiliated person thereof, except in accordance with the federal securities laws and the rules and regulations thereunder, or any applicable exemptive orders. Invesco PowerShares Capital Management may aggregate sales and purchase orders with respect to the assets of the Funds with similar orders being made simultaneously for other accounts advised by Invesco PowerShares Capital Management or its affiliates. Whenever Invesco PowerShares Capital Management simultaneously places orders to purchase or sell the same security on behalf of a Fund and one or more other accounts advised by Invesco PowerShares Capital Management, such orders w...

Duties as Investment Adviser. (a) Subject to the supervision of the Fund’s Board of Directors (the “Board”), the Adviser will provide a complete and continuous investment program for the Fund, including investment research and management with respect to all securities and investments and cash equivalents of the Fund. (b) The Adviser agrees that in placing orders with brokers and dealers, it will attempt to obtain the best net price and most favorable execution, provided that, subject to the provisions of the 1940 Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act") and to the extent permitted by the Securities and Exchange Commission, (the “SEC”), the Adviser may purchase and sell portfolio securities to and from brokers who provide the Adviser with research analysis, statistical or pricing advice, or similar services. The Adviser will consider the full range and quality of a broker’s or dealer’s services. Factors considered by the Adviser in selecting brokers and dealers may include the following: price, the broker’s or dealer’s facilities, the broker’s or dealer’s reliability and financial responsibility, the ability of the broker or dealer to effect securities transactions, particularly with regard to such aspects as timing, order size and execution of orders, and the research and other services provided by that broker or dealer to the Adviser, notwithstanding that the Fund may not be the direct or exclusive beneficiary of those services. The Adviser will not be obligated to seek in advance competitive bidding or the most favorable commission rate applicable to any particular transaction for the Fund or to select any broker or dealer on the basis of its “posted” commission rate. The Adviser may cause the Fund to pay a commission for effecting a transaction for the Fund in excess of the amount another broker or dealer would have charged for effecting the transaction, provided that the Adviser determines in good faith that such commission is reasonable in relation to the value of the brokerage and/or research services provided by the broker or dealer to the Adviser. Research services furnished by the brokers or dealers through which the Fund effects securities transactions may be used by the Adviser in advising its other clients (including persons affiliated with the Adviser), and conversely, such research services furnished to the Adviser in connection with other clients may be used in advising the Fund. The Adviser will seek to allocate the opportunity to purcha...

Duties as Investment Adviser. (a) Subject to the supervision of the Fund's Board of Trustees (the "Board" and its members, the "Trustees"), the Adviser will have full discretion and authority (i) to manage the assets and liabilities of the Fund and (ii) to manage the day-to-day business and affairs of the Fund. In furtherance of and subject to the foregoing, the Adviser will have full power and authority on behalf of the Fund, among other matters: (1) to purchase, sell, exchange, trade and otherwise deal in and with securities and other property of the Fund and to loan securities of the Fund; (2) to exercise all rights with respect to the Fund's interest in any person, firm, corporation, partnership or other entity, including, without limitation, voting interests of the Investment Funds (as defined in the Fund's prospectus (the "Prospectus")); (3) to enter into agreements with the Investment Funds irrevocably to forego the Fund's right to vote its interests or shares of the Investment Funds; (4) to enter into such other agreements with the Investment Funds that the Investment Adviser may determine to be necessary or appropriate in the interests of the Fund, as well as agreements that provide for, among other things, the indemnification by the Fund of the Investment Funds and the Investment Managers (as defined in the Prospectus) to substantially the same extent as provided to the Adviser hereunder, and to terminate such agreements; (5) to open, maintain and close accounts with brokers and dealers, to make all decisions relating to the manner, method and timing of securities and other investment transactions, to select and place orders with brokers, dealers or other financial intermediaries for the execution, clearance or settlement of any transactions on behalf of the Fund on such terms as the Adviser considers appropriate, and to grant limited discretionary authorization to such persons with respect to price, time and other terms of investment and trading transactions, subject to Paragraph 2(b); (6) to borrow from banks or other financial institutions and to pledge Fund assets as collateral therefor, to trade on margin, to exercise or refrain from exercising all rights regarding the Fund's investments, and to instruct custodians regarding the settlement of transactions, the disbursement of payments to the Fund's shareholders (the "Shareholders") with respect to repurchases of shares of beneficial interest ("Shares") in the Fund and the payment of Fund expenses, including those relatin...

Duties as Investment Adviser. (a) Subject to the supervision of the Fund's Board of Trustees ("Board"), Manager will provide a continuous investment program for each Series, including investment research and management with respect to all securities and investments and cash equivalents in each Series. Manager will determine from time to time what securities and other investments will be purchased, retained or sold by each Series. (b) Manager agrees that in placing orders with brokers, it will attempt to obtain the best net result in terms of price and execution; provided that, on behalf of any Series, Manager may, in its discretion, use brokers who provide the Series with research, analysis, advice and similar services to execute portfolio transactions on behalf of the Series, and Manager may pay to those brokers in return for brokerage and research services a higher commission than may be charged by other brokers, subject to Manager's determining in good faith that such commission is reasonable in terms either of the particular transaction or of the overall responsibility of Manager to such Series and its other clients and that the total commissions paid by such Series will be reasonable in relation to the benefits to the Series over the long term. In no instance will portfolio securities be purchased from or sold to Manager, or any affiliated person thereof, except in accordance with the federal securities laws and the rules and regulations thereunder, or any applicable exemptive orders. Whenever Manager simultaneously places orders to purchase or sell the same security on behalf of a Series and one or more other accounts advised by Manager, such orders will be allocated as to price and amount among all such accounts in a manner believed to be equitable to each account. The Fund recognizes that in some cases this procedure may adversely affect the results obtained for the Series. (c) Manager will oversee the maintenance of all books and records with respect to the securities transactions of each Series, and will furnish the Board with such periodic and special reports as the Board reasonably may request. In compliance with the requirements of Rule 31a-3 under the 1940 Act, Manager hereby agrees that all records which it maintains for the Fund are the property of the Fund, agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act any records which it maintains for the Fund and which are required to be maintained by Rule 31a-1 under the 1940 Act and further agrees ...

Duties as Investment Adviser. (a) Subject to the supervision of the Trust's Board of Trustees ("Board"), Xxxxxxxx Xxxxxxxx will provide a continuous investment program for a Series, including investment research and management with respect to all securities and investments and cash equivalents in the Series, and may allocate the Series' portfolio investments between countries, regions or types of investments. Xxxxxxxx Xxxxxxxx will determine from time to time what securities and other investments will be purchased, retained or sold by the Series. Xxxxxxxx Xxxxxxxx may delegate to a sub-adviser, in whole or in part, Xxxxxxxx Xxxxxxxx' duty to provide a continuous investment management program with respect to any Series, including the provision of investment management services with respect to a portion of the Series' assets, in accordance with paragraph 5 of this Agreement. (b) Xxxxxxxx Xxxxxxxx agrees that in placing orders with brokers, it will attempt to obtain the best net result in terms of price and execution; provided that, on behalf of any Series, Xxxxxxxx Xxxxxxxx may, in its discretion, use brokers who provide the Series with research, analysis, advice and similar services to execute portfolio transactions on behalf of the Series, and Xxxxxxxx Xxxxxxxx may pay to those brokers in return for brokerage and research services a higher commission than may be charged by other brokers, subject to Xxxxxxxx Xxxxxxxx' determining in good faith that such commission is reasonable in terms either of the particular transaction or of the overall responsibility of Xxxxxxxx Xxxxxxxx to such Series and its other clients and that the total commissions paid by such Series will be reasonable in relation to the benefits to the Series over the long term. In no instance will portfolio securities be purchased from or sold to Xxxxxxxx Xxxxxxxx, or any affiliated person thereof, except in accordance with the federal securities laws and the rules and regulations thereunder, or any applicable exemptive orders . Whenever Xxxxxxxx Xxxxxxxx simultaneously places orders to purchase or sell the same security on behalf of a Series and one or more other accounts advised by Xxxxxxxx Xxxxxxxx, such orders will be allocated as to price and amount among all such accounts in a manner believed to be equitable to each account. The Trust recognizes that in some cases this procedure may adversely affect the results obtained for the Series. (c) Xxxxxxxx Xxxxxxxx will oversee the maintenance of all books and records with r...

Duties as Investment Adviser. Subject to the supervision of the Fund's board of directors, UBS PaineWebber will provide a continuous investment program for the Fund's portfolio, including investment research and management with respect to all securities and investments and cash equivalents in the portfolio and will determine from time to time what securities and other investments will be purchased, retained or sold by the Fund. UBS PaineWebber will provide the services under this Contract in accordance with the Fund's investment objective, policies and restrictions as stated in the Fund's current prospectus and Statement of Additional Information (the "Prospectus"). UBS PaineWebber further agrees that it: (a) will conform with all applicable rules and regulations of the Securities and Exchange Commission ("SEC"); (b) will place orders pursuant to its investment determinations for the Fund either directly with the issuer or with any broker or dealer. In placing orders with brokers and dealers UBS PaineWebber will attempt to obtain the best net price and the most favorable execution of its orders. Consistent with this obligation, when the execution and price offered by two or more brokers or dealers are comparable, UBS PaineWebber may, in its discretion, purchase and sell portfolio securities to and from brokers and dealers who provide the Fund with research, advice and other services. In no instance will portfolio securities be purchased from or sold to UBS PaineWebber, Brinson Advisors, Inc. ("Brinson Advisors") or any affxxxxxxx person thereof exxxxx xx accordance with the rules and regulations promulgated by the SEC pursuant to the 1940 Act; (c) will maintain all books and records with respect to the Fund's securities transactions, will keep its books of account and will furnish the Fund's board of directors such periodic and special reports as the board may request; and (d) will compute the net asset value and the net income of the Fund as described in the Prospectus or as more frequently requested by the Fund; provided, however, that the functions specified in subparagraphs (b), (c) and (d) hereof may be performed by Brinson Advisors or another appropriate party.

Duties as Investment Adviser. (a) Subject to the supervision of the Fund's Board of Directors (the "Board"), the Adviser will have full discretion and authority (i) to manage the assets and liabilities of the Fund and (ii) to manage the day-to-day business and affairs of the Fund. In furtherance of and subject to the foregoing, the Adviser will have full power and authority on behalf of the Fund, among other matters: (1) to purchase, sell, exchange, trade and otherwise deal in and with securities and other property of the Fund and to loan securities of the Fund; (2) to do any and all acts and exercise all rights with respect to the Fund's interest in any person, firm, corporation, partnership or other entity, including, without limitation, voting interests or shares of the Investment Funds (unless waived as provided in the immediately succeeding paragraph) (as defined in the Fund's confidential offering memorandum (the "Memorandum")); (3) to enter into agreements with the Investment Funds irrevocably to forego the right to vote interests or shares of the Investment Funds; (4) to enter into agreements with the Investment Funds that provide for, among other things, the indemnification by the Fund of the Investment Funds and the Investment Fund Managers (as defined in the Memorandum) to the same or different extent as provided for in respect of the Adviser, and to terminate such agreements; (5) to open, maintain and close accounts with brokers and dealers, to make all decisions relating to the manner, method and timing of securities and other investment transactions, to select and place orders with brokers, dealers or other financial intermediaries for the execution, clearance or settlement of any transactions on behalf of the Fund on such terms as the Adviser considers appropriate, and to grant limited discretionary authorization to such persons with respect to price, time and other terms of investment and trading transactions, subject to Paragraph 2(b); (6) to borrow from banks or other financial institutions and to pledge Fund assets as collateral therefor, to trade on margin, to exercise or refrain from exercising all rights regarding the Fund's investments, and to instruct custodians regarding the settlement of transactions, the disbursement of distributions and other payments to the Fund's investors ("Investors") with respect to repurchases of units of limited liability company interests in the Fund ("Units"), and the payment of Fund expenses; (7) to call and conduct meetings of Inv...

Duties as Investment Adviser. (a) Subject to the supervision of the Board of Directors, the Advisor will provide a continuous investment program for each Portfolio, including investment research and management with respect to all securities, investments and cash equivalents in each Portfolio. The Advisor will determine from time to time what securities and other investments will be purchased, retained or sold by each Portfolio. The Advisor will exercise full discretion and act for each Portfolio in the same manner and with the same force and effect as such Portfolio itself might or could do with respect to purchases, sales, or other transactions, as well as with respect to all other things necessary or incidental to the furtherance or conduct of such purchases, sales or other transactions. (b) The Advisor will place orders pursuant to its investment determinations for each Portfolio either directly with the issuer or through brokers. In the selection of brokers and the placement of orders for the purchase and sale of portfolio investments for the Portfolios, the Advisor shall use its best efforts to obtain for the Portfolios the most favorable price and execution available, except to the extent it may be permitted to pay higher brokerage commissions for brokerage and research services as described below. In using its best efforts to obtain the most favorable price and execution available, the Advisor, bearing in mind the Fund's best interests at all times, shall consider all factors it deems relevant, including by way of illustration, price, the size of the transaction, the nature of the market for the security, the amount of the commission, the timing of the transaction taking into account market prices and trends, the reputation, experience and financial stability of the broker involved and the quality of service rendered by the broker in other transactions. Subject to such policies as the Board of Directors may determine, the Advisor shall not be deemed to have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of its having caused a Portfolio to pay a broker that provides brokerage and research services to the Advisor an amount of commission for effecting a portfolio investment transaction in excess of the amount of commission another broker would have charged for effecting that transaction if the Advisor determines in good faith that such amount of commission was reasonable in relation to the value of the brokerage and research se...

Duties as Investment Adviser. Adviser will provide a continuous investment program for each Portfolio, including investment research and management with respect to all securities, investments and cash equivalents in each Portfolio. Adviser will review and comply with reasonable written guidelines regarding investments to be held within the Portfolio (the “Investment Guidelines”), if any, provided to Adviser by Client. To the extent that Adviser is unable or unwilling to comply with any portion of the Investment Guidelines, Adviser will promptly notify Client of such fact. Adviser will have full discretionary power and authority to supervise and direct the investment of the assets in the Portfolios, including the power and authority to buy, sell, exchange, convert and otherwise effect transactions in any stocks, bonds and other securities or investments, all at Client’s risk and without prior consultation with it. Client hereby appoints Adviser as its attorney-in-fact for purposes of exercising the foregoing power and authority and discharging Adviser’s other obligations under this Agreement. Adviser may take any action or non-action as Adviser deem appropriate, with or without other consent or authority from Client, and Adviser may exercise Adviser’s discretion and deal in and with the assets in the Portfolios exactly as fully and freely as Client might do as owner thereof. Adviser is authorized and requested to accept all registered securities of any kind now held or added to the Portfolios in the future and to execute endorsements, stock powers, assignments or other instruments of conveyance or transfer of such registered securities of any kind for the purpose of effecting the transfer to a nominee or other disposition (including sale) of such securities under Client’s instructions, by signing its name only or by signing the same as its attorney-in-fact, as may be deemed by Adviser to be necessary and proper for such purpose. Client will deliver to Adviser promptly, upon request at any time, all necessary stock and bond powers and other required documents. Adviser will not maintain custody or possession of Client funds or securities except insofar as Adviser may be authorized to deduct its fees from the Client’s custodial account, if any.

Duties as Investment Adviser a. Adviser shall act as investment adviser for the Fund, and shall manage the investment and reinvestment of the assets of the Fund at all times in accordance with the investment objectives and policies of the Fund as is set forth in the Fund's currently effective Registration Statement. Adviser shall assume responsibility for the management of the assets of the Fund and making all investment decisions for the Fund subject to the overall supervision of the Fund's Board of Directors. b. Adviser will obtain and evaluate pertinent economic information and evaluate economic conditions, securities markets and investment performance relevant to the investment policies of the Fund and place orders for the purchase and sale of securities on behalf of the Fund. In placing such orders, Adviser is authorized to use the facilities of brokers-dealers, who render satisfactory services at competitive rates, and to allocate orders to such brokers-dealers who also provide research, statistical and other services to the Fund, such determinations to be made by Adviser in its own reasonable judgment, consistent with applicable laws and regulations. c. Adviser will provide investment supervisory services for the assets of the Fund as set forth in its current Registration Statements. d. Adviser will provide or cause the brokers-dealers it selects to provide complete records of the securities purchased, sold or otherwise disposed of by the Fund including the pricing and amounts of such transactions. e. Adviser will report to the Fund's Board of Directors, or to any committee or officers of the Fund acting pursuant to the authority of the Board, at such times and in such detail as the Board may deem appropriate in order to enable the Fund to determine that its investment policies are being observed and implemented and that the obligations of Adviser under this Agreement are being fulfilled. Any investment program undertaken by Adviser pursuant to this Agreement and any other activities undertaken by Adviser on behalf of the Fund shall at all times be subject to any directives of the Fund's Board of Directors or any duly constituted committee or officer of the Fund acting pursuant to authority of the Fund's Board of Directors. f. Adviser will furnish or place at the disposal of the Fund such information evaluations, analysis, advice and recommendations formulated or prepared by it as it deems necessary and appropriate in the reasonable discharge of its duties or as the Fund may ot...