Common use of Investment of Contributions Clause in Contracts

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 12 contracts

Samples: Retirement Custodial Account Agreement, Brochure Customer Agreement and Information Brochure, Retirement Custodial Account Agreement

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Investment of Contributions. At the direction of the Depositor Designated Beneficiary (or the direction of the beneficiary upon Depositor or the Depositor's death)Responsible Individual, whichever applies) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial account investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorDesignated Beneficiary (or the Depositor or Responsible Individual), and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorDesignated Beneficiary.

Appears in 12 contracts

Samples: Customer Information Brochure, www.eoption.com, www.eregal.com

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), ) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust Custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 6 contracts

Samples: Brochure Customer Agreement and Information Brochure, Custodial Agreement, Custodial Agreement

Investment of Contributions. At the direction of the Depositor Account Beneficiary (or the direction of the designated beneficiary upon the Depositor's Account Beneficiary’s death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor Account Beneficiary in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorAccount Beneficiary, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorAccount Beneficiary.

Appears in 5 contracts

Samples: Customer Information Brochure, www.infi.biz, www.infi.biz

Investment of Contributions. At the direction of the Depositor (or Depositor(or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 4 contracts

Samples: www.infi.biz, www.infi.biz, usbrokerageinc.com

Investment of Contributions. At In accordance with instructions given to the direction of Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary beneficiary(ies) upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon ) in investments acceptable to that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments to which that the Custodian consentsdetermines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investmentinvestment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or ”over the counter" (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the contribution account may be held uninvested in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Depositor. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Xxxxxxxxx agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that Custodian is not a fiduciary with respect to the depositor, the Depositor's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

Investment of Contributions. At In accordance with instructions given to the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death)Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the Applicant/Plan Participant's death) in investments acceptable to that the Custodian, at Xxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments to which that the Custodian consentsdetermines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investmentinvestment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SEP IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or ”over the counter" (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the contribution account may be held uninvested in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorApplicant/Plan Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the DepositorApplicant/Plan Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Applicant/Plan Participant's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Applicant/Plan Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Applicant/Plan Participant's assets or any discretionary authority with regard to the management of the Applicant/Plan Participant's account. Applicant/Plan Participant agrees and acknowledges that Custodian is not a fiduciary with respect to the Applicant/Plan Participant, the Applicant/Plan Participant's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

Investment of Contributions. At In accordance with the direction of instructions given to the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary beneficiary(ies) upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon ) in investments acceptable to the Custodianthat Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments to which that the Custodian consentsdetermines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private investment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the contribution account may be held uninvested in its current investments or remain un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarification as are acceptable to Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), ) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable acce ptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian ), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust Custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are ar e not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationcl arification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 1 contract

Samples: www-us.computershare.com

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death)Participant, the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorParticipant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorParticipant.

Appears in 1 contract

Samples: www.iraresources.com

Investment of Contributions. At the direction of the Depositor (or Depositor(or the direction of the beneficiary upon the Depositor's death), the Custodian Custodian, through Administrator, shall invest all contributions to the account and earnings thereon in investments acceptable to the CustodianCustodian and Administrator, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other alternative investments to which the Custodian and/or Administrator consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian Administrator in such form as may be acceptable to the CustodianAdministrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian Administrator shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the CustodianAdministrator , all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian Administrator may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian Administrator shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 1 contract

Samples: www.fsdepository.com

Investment of Contributions. At As provided in Sections 8.10 and 8.11, at the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Administrator or Custodian shall invest all contributions to the account Custodial Account and earnings thereon in investments, provided that such investments acceptable to that are considered administratively feasible by the Custodian, which . Such investments may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian or Administrator), covered call optionsreal estate, trust deeds, limited partnerships, private placement offerings, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian or Administrator shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the CustodianCustodian or Administrator, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorDepositor under any circumstances.

Appears in 1 contract

Samples: www.theentrustgroup.com

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death)Participant, the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorParticipant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorParticipant.

Appears in 1 contract

Samples: Simple Ira

Investment of Contributions. At the direction of the Depositor (or Depositor(or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which whic h may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian ), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not n ot received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarificationclarificat ion, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 1 contract

Samples: www-us.computershare.com

Investment of Contributions. At 3.01 Shares of Regulated Investment Companies or Insured Bank Deposit Accounts – All contributions made by the direction of the Depositor (Participant or the direction of the beneficiary upon the Depositor's death), Participant’s Employer to their Account shall be invested by the Custodian shall invest all contributions pursuant to the account and earnings thereon instructions either in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange writing or "over the counter" (excluding in any securities issued other form permitted by the Custodian), covered call options, certificates of deposit, and other Custodian concerning investments to which the Custodian consents, in such amounts as are specifically selected and specified delivered by the Depositor in orders Participant to the Custodian in such form as may be acceptable prior to or at the time a contribution is made to the CustodianAccount. After the Participant’s death, the Participant’s Beneficiary(ies) shall have the right to direct the investment of the Participant’s Account, subject to the same conditions that applied to the Participant during their lifetime under this Agreement (including, without any duty to diversify and without regard to whether such property is authorized by the laws limitation, Article 8.10 of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment fundsthis Agreement). The Custodian shall have no duty other than discretion to follow direct any investment in the Participant’s Account. The Custodian assumes no responsibility for rendering investment advice with respect to the Participant’s Account, nor will it offer any opinion or judgment to the Participant on matters concerning the value (including, without limitation, any investment with respect to which it may be difficult to ascertain fair market value) or suitability of any investment or proposed investment for the Participant’s Account. In the absence of instructions from the Participant, or if instructions are not in a form acceptable to the Custodian, the Custodian shall have the right to hold any uninvested amounts in shares of a money market fund of a regulated investment company or in an insured bank deposit account. The Custodian shall, within a reasonable time following receipt of written instructions from the Participant, invest such contributions in full or fractional shares of certain regulated investment directions companies, as instructed by the Participant in accordance with the rules and procedures of the DepositorCustodian. For purposes of this Agreement, and shall be under no duty to question said instructions and shall not be liable for “regulated investment companies” means any regulated investment losses sustained company or companies within the meaning of Code Section 851(a), or any series issued by such company that has an investment advisory agreement and/or a distribution agreement with the Depositorcompany.

Appears in 1 contract

Samples: Custodial Agreement

Investment of Contributions. At Contributions shall be invested in shares of available series of the direction Company in accordance with the Depositor's written instructions in the Application, and with subsequent written instructions of the Depositor (or or, following the direction death of the beneficiary upon Depositor, his or her beneficiary) in a form acceptable to and filed with the Custodian. By giving such instructions, the Depositor (or beneficiary, where applicable) will be deemed to have acknowledged receipt of the then current prospectus for any shares in which the Depositor (or beneficiary) directs the Custodian to invest contributions. The Depositor's death), by making a rollover contribution, as described in Article I, hereby certifies that the contribution meets all requirements for rollover contributions. The amount of each contribution shall be applied to the purchase of such shares at the price and in the manner in which such shares are then being publicly offered by the Company in accordance with the then current prospectus, and such shares shall be credited to the Custodial Account. All dividends and capital gain distributions received on the shares of the fund held in each Custodial Account shall be reinvested in such shares which shall be credited to such Custodial Account. If any distribution on shares of the fund may be received at the election of the shareholder in additional shares or in cash or other property, the Custodian shall invest all contributions elect to the account and earnings thereon receive such distribution in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investmentadditional shares. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for interest on any investment losses sustained cash balance in the Custodial Account. All Company shares acquired by the DepositorCustodian shall be registered in the name of the Custodian or its registered nominee.

Appears in 1 contract

Samples: Custodial Agreement (Janus Investment Fund)

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Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death)Participant, the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the bythe Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such anysuch orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorParticipant, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorParticipant.

Appears in 1 contract

Samples: Custodial Agreement

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary Beneficiary upon the Depositor's ’s death), ) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor.

Appears in 1 contract

Samples: Retirement Services

Investment of Contributions. At (a) The Participant acknowledges that any amount shall not be considered contributed to the direction of Custodial Account until the Depositor (or funds clear into the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all Custodial Account. All contributions to the account and earnings thereon Custodial Account must be in investments acceptable to the Custodiancash, which except for rollovers or transfers from another SIMPLE IRA that may include marketable securities traded on be in a recognized exchange or "over the counter" (excluding any securities issued form other than cash if permitted by the Custodian), covered call options, certificates of deposit, and other investments to which . The Participant shall direct the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders with respect to the Custodian investment of all contributions and earnings there from. Such direction shall be in such form as may be acceptable required by the Custodian and shall be limited to publicly traded securities, covered call options, married puts options, mutual funds, money market instruments, insured bank deposit accounts, and other investments to the Custodianextent they are obtainable through the Custodian or its agents in the regular course of business. In addition, without the Participant acknowledges that unless otherwise directed by him or her, and subject to any duty to diversify and without regard to whether such property required minimums, cash that is authorized not currently invested shall be invested in a money market fund or an insured bank deposit account offered by the Custodian or its affiliates. In the absence of investment direction by the Participant, the Custodian shall have no investment responsibility. All transactions directed by the Participant shall be subject to the rules, regulations, customs and usages of the exchange, market or clearinghouse where executed, and to all applicable federal and state laws and regulations, and to internal policies of any jurisdiction as a trust investmentthe Custodian. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. HoweverThe Custodian re serves the right to reject any investment direction from the Participant, if which, in the judgment of the Custodian, will impose upon it an administrative burden greater than that, normally incident to investments described in this Paragraph 2(a). The Custodian shall have no discretion to direct any such investments of a Custodial Account, and is merely authorized to acquire and hold the particular investments specified by the Participant. If any investment orders are not received as required, required or, if received, are unclear in the opinion of the CustodianCustodian or Sponsor, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest interest, pending receipt of such orders or clarification, ; or the contribution may be returned. The Participant shall be the beneficial owner of all assets held in the Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment fundsAccount. The Participant authorizes the Custodian shall have no duty other than to follow hold Custodial Account contributions pending investment, the written investment directions settlement of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained investments or distribution in a money market sweep fund or an insured bank deposit account maintained by the DepositorCustodian.

Appears in 1 contract

Samples: Adoption Agreement

Investment of Contributions. At Each Member may, pursuant to rules and procedures adopted by the direction Administrative Committee, direct that Before-Tax Contributions, Rollover Contributions, Employer Contributions, Weartech Prior Matching Contributions and Prior ESOP Contributions made by or for him shall be invested in any or all of the Depositor Investment Funds (other than any Self-Directed Investment Account). An investment option selected by a Member shall remain in effect and be applicable to all subsequent such Contributions made by or for him unless and until an investment change is made by him and becomes effective pursuant to rules and procedures adopted by the Administrative Committee. Each Member may, pursuant to rules and procedures adopted by the Administrative Committee, make a change in the investment options selected by the Member with respect to amounts then held in his Account, including an election to transfer amounts then held in his Account into or out of a Self-Directed Investment Account; provided, however, that (1) no such transfer into a Self-Directed Investment Account will result in more than 50% of a Member’s Vested Interest being then held in a Self-Directed Investment Account, (2) only amounts attributable to a Member’s Vested Interest and no less than a minimum amount designated by the Investment - 50 - Committee may be transferred to a Self-Directed Investment Account, and (3) a Self-Directed Investment Account may not invest in Holdings Stock or any other type of security or other property designated by the Investment Committee as an impermissible investment for a Self-Directed Investment Account. In the absence of an effective investment direction and/or an effective investment change, Before-Tax, Rollover Weartech Prior Matching, and Employer Contributions shall be invested in such Investment Fund or Funds (each of which shall be a “qualified default investment alternative” within the meaning of Department of Labor regulations), and in such proportions, as is designated by the Investment Committee from time to time for such purpose, and Prior ESOP Contributions shall be invested in the Holdings Stock Fund (or in such other Investment Fund as the direction Investment Committee shall designate for such purpose). To the extent not otherwise permitted by the preceding provisions of this Section, Members shall be permitted, pursuant to procedures established by the Administrative Committee, to diversify the investment of that portion of their Account held in the ESOP to the extent required by section 401(a)(28)(B) of the beneficiary upon Code, provided that such members are “qualified participants” within the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates meaning of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion section 401(a)(28) of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorCode.

Appears in 1 contract

Samples: Lincoln Electric Holdings Inc

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. If the Depositor elects to establish a Zacks Funds Xxxx XXX, investments are limited to, and must be selected from the currently available Zacks Funds family of mutual funds as listed on the Adoption Agreement. Minimum investments, if any, are listed in the Zacks Funds prospectus. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. If the Depositor’s initial contribution to the Account is in the form of cash, the Custodian may invest the contribution in its own bank account, in one or more of the taxable Money Market Fund portfolios selected by the Depositor, or in another fixed income medium, pending further investment, unless the Custodian has received other instructions from the Depositor. At the Depositor’s option, the Custodian will keep all cash invested on a daily basis through the Custodian’s automated cash management system, through use of one or more of the taxable Money Market Fund portfolios. If the Depositor’s initial contribution is in the form of assets in kind, the Custodian shall retain the assets pending instructions from the Depositor. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. For Xxxxx Funds Xxxx IRAs, to the extent the Depositor has not directed other investments, the Custodian may maintain the cash as may deemed advisable or expedient (with no requirement to pay interest on such cash balances nor on cash in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the Xxxx XXX Depositor or beneficiary will continue until revoked by the Xxxx XXX Depositor or beneficiary, even after the death of the Xxxx XXX Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Account in which the Custodian is named as a necessary party or at the request of the Depositor.

Appears in 1 contract

Samples: towlefund.com

Investment of Contributions. In conjunction with sections 9.08 and 9.09 of this Agreement, At the direction of the Depositor (the Administrator or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to which may be considered administratively feasible by the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian)Custodian or Administrator),real estate, covered call optionstrust deeds, limited partnerships, private placement offerings, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust Custodial investment. The Custodian or Administrator shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the CustodianCustodian or Administrator, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorDepositor under any circumstances.

Appears in 1 contract

Samples: www.theentrustgroup.com

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. All transactions shall be subject to any and all applicable Federal State or self-regulatory organization laws and regulations, the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed and to the Custodian's prevailing policies and practices.

Appears in 1 contract

Samples: Custody Agreement Waterhouse Securities (National Investors Cash Management Fund Inc)

Investment of Contributions. (a) At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest all contributions to the account Custodial Account and earnings thereon in investments that are acceptable to the Custodian, and that are considered administratively feasible by the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, real estate, deeds of trust, mortgages, unsecured notes, limited partnerships, limited liability companies, private stock, other private placement offerings, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, or if there is insufficient Undirected Cash in the Custodial Account to comply with such orders, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian the Administrator shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the DepositorDepositor under any circumstances.

Appears in 1 contract

Samples: www.questtrustcompany.com

Investment of Contributions. At the direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), ) the Custodian shall invest all contributions to the account and earnings thereon in investments acceptable to the Custodian, which may include marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, certificates of deposit, and other investments to which the Custodian consents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment. The Custodian shall be responsible for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear in the opinion of the Custodian, all or a portion of the contribution may be held uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification, or the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. All transactions shall be subject to any and all applicable, Federal, State and self regulatory organization laws and regulations, the rules, regulations, customs and usages of any Exchange, Market or clearing house where the transaction is executed, and to the Custodian's prevailing policies and practices.

Appears in 1 contract

Samples: Custody Agreement Waterhouse Securities (National Investors Cash Management Fund Inc)

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