Investment of the Trust Fund. Except as directed by any Investment Manager, the Pension Board or a duly authorized officer of the Company, the Trustee shall have the exclusive responsibility and authority to hold, invest, reinvest and administer the assets of the Trust, hereinafter referred to as the “Fund”, in accordance with the terms of this Trust Agreement. The Trustee shall be under no liability for any loss of any kind that may result when it follows proper written directions of the Pension Board or a duly authorized officer of the Company which are in accordance with the terms of the Trust Agreement and not contrary to law.
Investment of the Trust Fund. The Plan and Trust are intended to invest in qualifying employer securities as defined in Section 407(d)(5) of the ERISA, and shall be construed to permit investment of up to 100% of the Trust Fund in such securities. Therefore to the extent directed by the Committee or the Participants (whichever is applicable), the Trustee may invest all or substantially all of the assets of the Trust Fund in Company Stock; provided, however, that the Committee may, by written instructions to the Trustee, direct it to invest any cash held by the Trust for the purposes and needs of this Plan and Trust in short-term securities issued by the United States of America or any agency or instrumentality thereof or in any other short-term or money market funds, as are approved by the Committee. The Committee from time to time may direct the Trustee to establish one or more separate investment accounts within the Trust, each separate account being hereinafter referred to as an “Investment Fund”. The Trustee shall transfer to each such Investment Fund such portion of the assets of the Trust as each Participant directs in accordance with the specific provisions of the Plan and in the manner provided in the Administrative Services Agreement between RadioShack and the recordkeeper. The Trustee shall invest and reinvest the assets which have been allocated to an Investment Fund in accordance with the Participants’ instructions, unless such Investment Fund is otherwise restricted by RadioShack or the Committee to be invested solely in Company Stock; provided, however that neither RadioShack nor the Committee may restrict the investment election of a Participant in any manner that is contrary to the provisions of Section 5.6 of this Plan. The Trustee is under no duty to review the investment decisions of the Participants as regards to any Investment Fund.
Investment of the Trust Fund. The Trustee will invest the Trust Fund in accordance with Instructions from the Company, subject to any limitations under Applicable Legislation. The Company confirms that it has reviewed the following agreement(s) and that it has instructed the Trustee to execute such agreement(s) as Trustee of the Trust Fund.
Investment of the Trust Fund. 3.1 The Trustees shall stand possessed of the Trust Fund upon trust as to the investments and other property other than money in their discretion either to permit the same to remain as invested or to sell or convert into money all or any of such investments or other property and upon trust as to money with a like discretion to invest the same in their name or under their control in any of the investments authorised hereunder with power at a like discretion from time to time to vary or transpose any such investments for others of a nature authorised hereunder.
Investment of the Trust Fund. 2.1 Investment of the Trust Fund - In General. Each Participant shall have the exclusive right, in accordance with the provisions of the Plan, to direct the investment by the Trustee of all amounts allocated to the separate accounts of the Participant under the Plan among any one or more of the available Investment Funds. All investment directions by Participants shall be timely furnished to the Trustee by the Named Fiduciary, except to the extent such directions are transmitted telephonically or otherwise by Participants directly to the Trustee or its delegate in accordance with rules and procedures established and approved by the Named Fiduciary and communicated to the Trustee. In making any investment of the assets of the Fund, the Trustee shall be fully entitled to rely on such directions furnished to it by the Named Fiduciary or by Participants in accordance with the Named Fiduciary's approved rules and procedures, and shall be under no duty to make any inquiry or investigation with respect thereto. The Named Fiduciary may designate a default fund under the Plan in which the Trustee shall deposit contributions to the Trust on behalf of Participants who have been identified by the Named Fiduciary as having not specified investment choices under the Plan. If the Trustee receives any contribution under the Plan that is not accompanied by instructions directing its investment, the Trustee shall immediately notify the Named Fiduciary of that fact. The Trustee shall invest and reinvest the Trust Fund only as directed and the Trustee is specifically prohibited from having or exercising any discretion with respect to the investment of the Trust Fund.
Investment of the Trust Fund. 2.1 The Directed Trustee shall invest and reinvest the principal and income of the Trust Fund pursuant to the written, telephone or computer generated direction of the Company, the "Named Fiduciary" (as authorized under the Plan document), a duly authorized "Investment Advisor" (within the meaning of 29 C.F.R. 2910.3-21(c)) or a Plan Participant (if permitted under the Plan document), or by any other party to whom authority to give such directions, requests or approvals is delegated by the Company in writing and keep the same invested without distinction between principal and income. The Directed Trustee shall not make any determination which shall cause it to be deemed a "Fiduciary" (as defined under Section 3(21) of ERISA) under the Plan with regard to such investment or reinvestment.
Investment of the Trust Fund. 3.1.1 The Trustee shall hold, manage, invest and otherwise administer the Trust Fund pursuant to the terms of this Trust Agreement. The Trustee shall be responsible only for contributions actually received by it hereunder. The amount of each contribution by the Company to the Trust Fund shall be determined in the sole discretion of the Company.
Investment of the Trust Fund. The Trustees shall control and manage the Trust Fund, and shall hold, invest and reinvest the same together with the income thereof in accordance with the provisions of this Plan and the Trust Agreement. The Trustees shall meet periodically to establish and review an investment policy which is consistent with the terms and objectives of the Plan and the requirements of ERISA.
Investment of the Trust Fund. Investments of the Trust Fund (other than Stock) shall be diversified to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so. The Trustee or Investment Manager shall act with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.
Investment of the Trust Fund. 3.1 General Responsibility and Authority for Investment of Trust Fund Assets The assets of the Trust Fund shall be invested and reinvested by the Trustee, subject to and in accordance with the terms of this Trust Agreement, the Plan, and ERISA. The Company shall cause the Trustee to be furnished with a copy of each amendment to or restatement of the Plan, and the Trustee shall not be subject to any provision of the Plan that would affect its responsibility and authority under this Trust Agreement until it has received a copy of such provision.
