Employment of Advisor. The Company hereby employs the Advisor to act as the investment adviser to the Company and to manage the investment and reinvestment of the assets of the Company, subject to the supervision of the Board of Directors of the Company (the “Board”), during the term hereof and upon the terms and conditions herein set forth, in accordance with:
Employment of Advisor. The Board of Trustees is responsible for the general policies of the Trust and for such general supervision and management of the business of the Trust as may be necessary to insure that such business conforms to the provisions of this Declaration of Trust. However, the Board of Trustees and officers shall not be required personally to conduct all the business of the Trust and consistent with their ultimate responsibility as stated above, the Board of Trustees shall have the power to appoint, employ or contract with any Person (including one or more of the directors or officers or any corporation, partnership, or trust in which one or more of the Trustees or officers may be directors, officers, stockholders, partners or trustees) as the Board of Trustees may deem necessary or proper for the transaction of the business of the Trust. The Board of Trustees, upon approval by a majority of the Trustees (including a majority of the Independent Trustees), shall initially employ Mortgage Trust Advisors, Inc. (herein referred to as the "Advisor") to (i) develop underwriting criteria and a model for the Trust's investment portfolio; (ii) acquire, retain or sell Mortgage Investments; (iii) seek out, present and recommend investment opportunities consistent with the Trust's investment policies and objectives, and negotiate on behalf of the Trust with respect to potential investments or the disposition thereof; (iv) pay the debts and fulfill the obligations of the Trust, and handle, prosecute and settle any claims of the Trust, including foreclosing and otherwise enforcing mortgages and other liens securing investments; (v) obtain for the Trust such services as may be required for mortgage brokerage and servicing and other activities relating to the investment portfolio of the Trust; (vi) evaluate, structure and negotiate prepayments or sales of Mortgage Investments; (vii) from time to time, or as requested by the Trustees, make reports to the Trust as to its performance of the foregoing services and (viii) to supervise other aspects of the business of the Trust. The Trust may grant or delegate such authority to the Advisor as the Board of Trustees may in its sole discretion deem necessary or desirable without regard to whether such authority is normally granted or delegated by the Board of Trustees, including, without limitation, the power to delegate to the Advisor the authority (i) to cause the Trust to enter into, or dispose of, investments not involving Affiliates...
Employment of Advisor. 15 4.2 Term.............................................................16 4.3
Employment of Advisor. The Trustees are responsible for the general policies of the Trust and for such general supervision of the business of the Trust conducted by all officers, agents, employees, advisors, managers or independent contractors of the Trust as may be necessary to ensure that such business conforms to the provisions of this Declaration. However, the Trustees are not and shall not be required personally to conduct all of the business of the Trust, and, consistent with their ultimate responsibility as stated above, the Trustees shall have the power to appoint, employ or contract with any Person (including one or more of themselves or any corporation, partnership, or trust in which one or more of them may be directors, officers, stockholders, partners or trustees) as the Trustees may deem necessary or proper for the transaction of the business of the Trust. The Trustees may therefor employ or contract with such Person (herein referred to as the "Advisor") and, consistent with their ultimate responsibility as set forth in this Section 4.1, the Trustees may grant or delegate such authority to the Advisor as the Trustees may in their sole discretion deem necessary or desirable without regard to whether such authority is normally granted or delegated by trustees.
Employment of Advisor. 34 2.12 Bylaws .......................................................... 36
Employment of Advisor. The Trustees are responsible for the general policies of the Trust and for the general supervision of the business of the Trust conducted by all officers, agents, employees, advisors, managers or independent contractors of the Trust. However, the Trustees are not and shall not be required personally to conduct the day to day business of the Trust, and consistent with their ultimate responsibility as stated above and upon such terms as are specified in the Bylaws, the Trustees shall have the power to appoint, employ or contract with any Person (including one or more of themselves or any corporation, partnership, or trust in which one or more of them may be directors, officers, stockholders, partners or trustees) as the Trustees may deem necessary or proper for the transaction of the business of the Trust. The Trustees may therefore employ or contract with such Person (herein referred to as the "Advisor") and, consistent with their ultimate responsibility as set forth in this Section 2.11 and upon such terms as are specified in the Bylaws, the Trustees may grant or delegate such authority to the Advisor as the Trustees may in their sole discretion deem necessary or desirable without regard to whether such authority is normally granted or delegated by trustees. Such granted or delegated authority shall, however, be revocable by a majority vote of the Independent Trustees. The Advisor shall be required to use its best efforts to supervise the operation of the Trust in a manner consistent with the investment policies and objectives of the Trust. Subject to the provisions of Article IV of the Bylaws and Section 4.9 of the Declaration, the Trustees shall have the power to determine the terms and compensation of the Advisor or any other Person whom they may employ or with whom they may contract for advisory services. The Trustees may exercise broad discretion in allowing the Advisor to administer and regulate the operations of the Trust, to act as agent for the Trust, to execute documents on behalf of the Trustees and to make executive decisions which conform to general policies and general principles previously established by the Trustees.
Employment of Advisor. 15 4.2 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4.3
Employment of Advisor. The Trustees are responsible for the general policies of the Trust and for such general supervision of the business of the Trust conducted by all officers, agents, employees, advisors, managers or independent contractors of the Trust as may be necessary to ensure that such business conforms to the provisions of this Declaration. However, the Trustees are not and shall not be required personally to conduct all of the business of the Trust, and, consistent with their ultimate responsibility as stated above, the Trustees shall have the power to appoint, employ or
Employment of Advisor. The Administrative Committee shall employ at the equal expense of both Parties an individual (the "Advisor") with the education and skills appropriate to assist the Administrative Committee acquire necessary information, evaluate information and reach consensus on issues that may arise concerning the Base Contract Price, Shortage Premium, Price Redetermination, Adjunct Contracts, Water Quality Transactions, Drought Transactions, Last Best Offer comparisons, and Shortage Sharing matters.
Employment of Advisor. Client hereby employs the Advisor as a non-custodial advisor with limited power of attorney to manage the investment and reinvestment of the funds and securities of Client and additions thereto presently held by TD Ameritrade Institutional as custodian ("Custodian"). The Advisor has full discretion in the management of the custodial assets. The Advisor hereby accepts such employment and agrees during the term hereof to render the services and to assume the obligations herein set forth for the compensations herein provided. Advisor is not authorized to and shall not direct delivery or payments to itself, except as pertains to the payment of fees described in Paragraph 5, nor shall it direct any disposition of the Client's securities, cash, or other assets, except to the Client.
