Investment of Trust. SECTION 6.01.Limitations on Rights of Berkshire. As provided in Section 2.04, Berkshire will not have any preferential claim to or beneficial ownership interest in any asset or investment of the Trust, and the rights of Berkshire under the Trust are solely those rights afforded to Berkshire with respect to the assets of the Company as the holder of the Berkshire Preferred Stock. Subject to the other provisions of this Article VI, all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with any person, including Berkshire and the Company. SECTION 6.02. Contributed Assets.
Investment of Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (a) Selection of Investment Options (b) Available Investment Options (c) Participant Direction (d) Mutual Funds (e) Sponsor Stock (f) Notes (g) Commingled Pool Investments (h) Reliance of Trustee on Directions (i) Trustee Powers
Investment of Trust. . . . . . . . . . . . . . . . . . . . . 3 (a) Selection of Investment Options (b) Available Investment Options (c) Participant Direction (d) Fidelity Mutual Funds (e) Non-Fidelity Mutual Funds (f) Sponsor Stock (g) Notes (h) Guaranteed Investment Contracts (i) Reliance of Trustee on Directions (j) Trustee Powers
Investment of Trust. The Trustee shall, except as otherwise provided in this Agreement or pursuant to instructions of the Corporation, deposit any cash received from sales of Trust Shares plus earnings, profits, increments, accruals and accretions arising therefrom of the Trust in a bank account with a Canadian financial institution or in such short-term investments as may be specified in the instructions received from the Corporation.
Investment of Trust. Trustee shall be responsible for providing services hereunder solely with respect to those investment options set forth in Attachment A hereto which have been designated by the Named Fiduciary in its sole discretion. Although the Named Fiduciary retains sole discretion as to the investment options for the Plan, Trustee shall not, absent its written consent, be required to provide services with respect to other investment options that the Named Fiduciary seeks to add to the Trust. Except where stated otherwise in this Trust Agreement by explicit reference to Plan assets being held outside the Trust, (i) all obligations of Trustee hereunder (including all services to be performed by Trustee) with respect to the Plan shall be performed solely with respect to the investment options set forth in the Recordkeeping Agreement or herein, and (ii) no other investments that may be held under a separate trust or insurance product with respect to the Plan shall be considered by Trustee in its performance of its obligations. Trustee shall be considered a fiduciary with investment discretion only with respect to Plan assets that are invested in stable value investments managed by Trustee or collective investment funds maintained by Trustee for qualified plans, and where such investments vehicles are listed in the Recordkeeping Agreement or herein as available investment options.If the Sponsor or Named Fiduciary has determined that Sponsor Stock shall be included as an available investment option under the Trust, the provisions of Attachment B hereto shall apply to such investments.
Investment of Trust a) Selection of Investment Options. The Trustee shall have no responsibility for the selection of investment options under the Trust and shall not render investment advice to any person in connection with the selection of such options. (b) Available Investment Options. The Named Fiduciary shall direct the Trustee as to the investment options in which the Trust shall be invested during the period beginning on the date of the initial transfer of assets to the Trust and ending on the date of the completion of the reconciliation of participant records ("Recordkeeping Reconciliation Period"), and the investment options in which Plan participants may invest following the Recordkeeping Reconciliation Period. The Named Fiduciary may determine to offer as investment options only: (i) securities issued by the investment companies advised by Fidelity Management & Research Company ("Fidelity Mutual Funds") and certain securities issued by investment companies not advised by Fidelity Management & Research Company ("Non-Fidelity Mutual Funds") (collectively, "Mutual Funds"), (ii) equity securities issued by the Sponsor or an affiliate which are publicly-traded and which are "qualifying employer securities" within the meaning of section 407(d)(5) of ERISA ("Sponsor Stock"), and (iii) notes evidencing loans to Plan participants in accordance with the terms of the Plan. The investment options initially selected by the Named Fiduciary are identified on Schedules "A" and "C" attached hereto. The Named Fiduciary may add additional investment options with the consent of the Trustee and upon mutual amendment of this Trust Agreement and the Schedules thereto to reflect such additions. (c) Participant Direction. As authorized under the Plan, each Plan participant shall direct the Trustee in which investment option(s) to invest the assets in the participant's individual accounts. Such directions may be made by Plan participants by use of the telephone exchange system, the internet or in such other manner as may be agreed upon from time to time by the Sponsor and the Trustee, maintained for such purposes by the Trustee or its agent, in accordance with written Exchange Guidelines attached hereto as Schedule "G". In the event that the Trustee fails to receive a proper direction, the assets shall be invested in the investment option set forth for such purpose on Schedule "C", until the Trustee receives a proper direction. (d) Mutual Funds. The Named Fiduciary hereby acknowledges that ...
Investment of Trust