Duties of Manager. (a) Citi Management shall act as the Manager for the Trust and as such shall furnish continuously an investment program and shall determine from time to time what securities shall be purchased, sold or exchanged and what portion of the assets of the Trust shall be held uninvested, subject always to the restrictions of the Trust's Amended and Restated Declaration of Trust, dated as of September 28, 2001, and By-Laws, as each may be amended and restated from time to time (respectively, the "Declaration" and the "By-Laws"), the provisions of the 1940 Act, and the then-current Registration Statement of the Trust. The Manager shall also make recommendations as to the manner in which voting rights, rights to consent to corporate action and any other rights pertaining to the Trust's portfolio securities shall be exercised. Should the Board of Trustees of the Trust at any time, however, make any definite determination as to investment policy applicable to the Trust and notify the Manager thereof in writing, the Manager shall be bound by such determination for the period, if any, specified in such notice or until similarly notified that such determination has been revoked. The Manager shall take, on behalf of the Trust, all actions which it deems necessary to implement the investment policies determined as provided above, and in particular to place all orders for the purchase or sale of securities for the Trust's account with the brokers or dealers selected by it, and to that end the Manager is authorized as the agent of the Trust to give instructions to the custodian or any subcustodian of the Trust as to deliveries of securities and payments of cash for the account of the Trust. In connection with the selection of such brokers or dealers and the placing of such orders, brokers or dealers may be selected who also provide brokerage and research services (as those terms are defined in Section 28(e) of the Securities Exchange Act of 1934) to the Trust and/or the other accounts over which the Manager or its affiliates exercise investment discretion. The Manager is authorized to pay a broker or dealer who provides such brokerage and research services a commission for executing a portfolio transaction for the Trust which is in excess of the amount of commission another broker or dealer would have charged for effecting that transaction if the Manager determines in good faith that such amount of commission is reasonable in relation to the value of the brokerage and resear...
Duties of Manager. The Manager, at its own expense, shall furnish the following services and facilities to the Trust:
Duties of Manager. (a) The Company hereby appoints the Manager to act as investment manager to the Company, for the period and on the terms set forth in this Agreement, pursuant to the policies set forth in the Company’s registration statement, including the information therein incorporated by reference, filed with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended (the “1940 Act”), (File No. 811-21816) (the “Registration Statement”), and in the Company’s Limited Liability Company Agreement (the “LLC Agreement”), as the LLC Agreement may be amended from time to time with notice to the Manager. The Manager specifically acknowledges its obligations as set forth in the Registration Statement and the LLC Agreement, provided that the Manager shall not be obligated to follow any amendment to the policies to the Company or the LLC Agreement that increases its obligations, responsibilities or liabilities thereunder until it has received actual notice of such amendment and has agreed thereto in writing. The Company employs the Manager to formulate a continuing investment program in accordance with the investment objective and strategies set forth in the Registration Statement and to manage the investment and reinvestment of the assets of the Company, to continuously review, supervise and administer the investment program of the Company, to determine in its discretion the securities to be purchased or sold and the portion of the Company’s assets to be held uninvested, to provide the Company with records concerning the Manager’s activities which the Company is required to maintain and, upon request, to render regular reports to the Company’s officers and Board of Directors (the “Board”) concerning the Manager’s discharge of the foregoing responsibilities. Without limiting the generality of the foregoing, the Manager is specifically authorized to invest the Company’s assets (which may constitute, in the aggregate, all of the Company’s assets) in unregistered investment funds or other investment vehicles and registered investment companies (“Investment Funds”) that are managed by investment managers (“Investment Managers”). The Manager shall discharge the foregoing responsibilities subject to the control of the officers and the Board, and in compliance with the objectives, policies and limitations set forth in the Registration Statement, as the same may be amended or supplemented from time to time with notice to the Manager, and applicable laws an...
Duties of Manager. The Manager, at its own expense, shall furnish the following services and facilities to the Fund:
Duties of Manager. MANAGER is hereby authorized and directed by OWNER to do all of the following and agrees, in each case on behalf of and at the expense of OWNER, to:
(a) supervise and direct the general operations of the Plant and operate it efficiently and effectively;
(b) hire, pay, supervise and discharge all employees necessary to properly maintain and operate the Plant in accordance with OWNER's terms and conditions of employment, provided, however, that MANAGER shall obtain the approval of OWNER prior to reassigning or terminating the Plant Controller, which approval shall not be unreasonably withheld, and cause to be prepared and timely filed and paid all necessary returns, forms and payments in connection with unemployment insurance, withholding, social security and other like benefits and taxes, all such employees to be employees of OWNER and not of MANAGER (notwithstanding the above, OWNER shall retain the right to unilaterally terminate the services of the Plant Controller);
(c) prepare or cause to be prepared for review and approval of OWNER an annual operating budget setting forth the anticipated income and expenses for the Plant for the ensuing year, a comparison of such budget to the income and expenses of the preceding and current years, and any required explanations with respect thereto;
(d) set up and keep in good order separate, accurate and adequate accounting records to be maintained for OWNER, and maintain orderly files containing income records, insurance policies, leases and subleases, correspondence, receipted bills and vouchers, and all other documents pertaining to the Plant or the operation thereof, and prepare or cause to be prepared for OWNER monthly and annual statements of account as of the end of each month and year, all in accordance with paragraph 28;
(e) check all bills received for services, work and supplies ordered in connection with maintaining and operating the Plant and pay, with OWNER's funds, or cause to be paid all such expenses, mortgage interest and amortization, ground rent, water charges, sewer rent, assessments, real estate taxes, and other taxes assessed against the Plant as and when the same shall become due and payable;
(f) establish and maintain the Accounts; collect payments from customers of the Plant and take any and all actions MANAGER deems necessary or desirable to collect such payments; deposit such payments into, and withdraw or disburse such amounts from, the Accounts; all in accordance with paragraph 12.
(g) c...
Duties of Manager. (a) Investment management and research. Subject to the supervision of the Trustees, the Manager will: (a) provide a program of continuous investment management for the Fund in accordance with the Fund’s investment objectives, policies and limitations as stated in the Fund’s governing documents, including, without limitation, the Trust’s Agreement and Declaration of Trust and Bylaws, the Fund’s prospectus and Statement(s) of Additional Information included as part of the Fund’s Registration Statement filed with the Securities and Exchange Commission (“SEC”), as they may be amended from time to time, and such other limitations, policies and procedures as the Trustees may impose from time to time in writing on the Manager; (b) make asset allocation and investment decisions for the Fund; and (c) place orders to purchase and sell securities and other investments for the Fund. The Manager shall use its best judgment in rendering these services to the Fund.
Duties of Manager. In managing, operating, maintaining and repairing the Enterprise and the Facility, under this Agreement, Manager's duties shall include, without limitation, the following:
Duties of Manager. Manager agrees to provide to the Sub-Adviser copies of the Trust’s Registration Statement, written instructions and directions of the Board and Manager, and any amendments or supplements to any of these materials as soon as practicable after such materials become available; and further agrees to identify to the Sub-Adviser in writing any broker-dealers that are affiliated with the Manager or the Trust. Manager shall provide (or cause the Series’ custodian to provide) timely information to Sub-Adviser regarding such matters as the composition of assets of the Series, cash requirements and cash available for investment in the Series, and all other reasonable information as may be necessary for Sub-Adviser to perform its duties and responsibilities herein.
Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties:
A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions.
B. To display ‘FOR RENT’ or ‘FOR LEASE’ signs as appropriate and to post a Lock Box on the property for prospective tenant viewing.
C. To receive applications and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges.
D. To screen applicants in accordance with Manager’s screening criteria.
E. To negotiate and execute month to month rental or lease agreements and to negotiate and execute necessary addenda, renewals and cancellations.
F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary.
G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC.
H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of this Management Agreement.
I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate.
J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation.
K. To reinstate tenancies when appropriate.
L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner.
M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request.
N. To make inspections of the Property consistent with applicable la...
Duties of Manager. (a) Duties with Respect to the Indenture and the Depository Agreement. Manager shall perform all of its duties as Manager and the duties of Issuer and Trustee under the Depository Agreement. In addition, Manager shall consult with Trustee regarding the duties of Issuer and Trustee under the Indenture and the Depository Agreement. Manager shall monitor the performance of Issuer and shall advise Trustee when action is necessary to comply with Issuer's or Trustee's duties under the Indenture and the Depository Agreement. Manager shall prepare for execution by Issuer or shall cause the preparation by other appropriate persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of Issuer or Trustee to prepare, file or deliver pursuant to the Indenture or the Depository Agreement. In furtherance of the foregoing, Manager shall take all appropriate action that is the duty of Issuer or Trustee to take pursuant to the Indenture or the Depository Agreement, including, without limitation, such of the foregoing as are required with respect to the following matters (references in this Section are to sections of the Indenture):
(i) the preparation of all Officer's Certificates and Opinions of Counsel with respect to any requests by Issuer to Indenture Trustee to take any action under the Indenture (Section 1.2);
(ii) the preparation of or obtaining of the documents and instruments required for authentication of the Notes and delivery of the same to Indenture Trustee (Section 2.2);
(iii) the duty to cause the Note Register to be kept and to give Indenture Trustee notice of any appointment of a new Note Registrar and the location, or change in location, of the Note Register (Section 2.3);
(iv) the review of evidence of the destruction, loss or theft of any Notes and the preparation or obtaining of documents or instruments required for the authentication of replacement Notes and the delivery of same to Indenture Trustee (Section 2.4);
(v) the furnishing to Indenture Trustee with the names and addresses of Noteholders during any period when Indenture Trustee is not the Note Registrar (Section 2.11);
(vi) the preparation of Issuer Orders and all other actions necessary with respect to investment and reinvestment of funds in the Trust Accounts (Section 3.1(c));
(vii) the preparation and delivery of Issuer Requests for the release of Leases and interests in the related Equipment from the lien of the Indenture (Section 4.3);
(...
