Common use of Investment of Clause in Contracts

Investment of. Amounts in the Xxxxxxxxx ESA – The responsible individual has exclusive responsibility for and control over the investment of the assets of this Xxxxxxxxx ESA. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by the custodian’s charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs, and usages of any exchange, market, or clearinghouse where the transaction is executed; the custodian’s policies and practices; and this agreement. The custodian will have no discretion to direct any investment in this Xxxxxxxxx ESA. The custodian assumes no responsibility for rendering investment advice with respect to this Xxxxxxxxx ESA, nor will the custodian offer any opinion or judgment to the responsible individual or depositor on matters concerning the value or suitability of any investment or proposed investment for this Xxxxxxxxx ESA. In the absence of instructions from the responsible individual or depositor, or if the instructions are not in a form acceptable to the custodian, the custodian will have the right to hold any uninvested amounts in cash, and the custodian will have no responsibility to invest uninvested cash unless and until directed by the responsible individual. The custodian shall forward to the Responsible Individual any FAM Funds notices, prospectuses, Form 5305-EA under section 530 of the Internal Revenue Code. financial statements, proxies and proxy soliciting materials relating to the FAM Funds held in the Xxxxxxxxx ESA. Except as provided below, the Custodian will not vote any FAM Funds shares held in the Xxxxxxxxx ESA except in accordance with the written instructions given by the responsible individual. However, the Custodian may, in its sole discretion, vote in any manner deemed appropriate, FAM Funds shares for which the Custodian does not receive written instructions from the responsible individual. The responsible individual shall direct all investment transactions, including earnings and the proceeds from securities sales. The selection of investments, however, shall be limited to full and fractional shares of FAM Funds. All dividends and capital gains distributions received on FAM Funds held in the Xxxxxxxxx ESA shall, unless received in additional shares, be reinvested in shares of the FAM Funds that pays such dividends and distributions and credited to the Xxxxxxxxx ESA.

Appears in 1 contract

Samples: Plan Agreement

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Investment of. Amounts in the Xxxxxxxxx ESA – The responsible individual has exclusive responsibility for and control over the investment of the assets of this Xxxxxxxxx ESA. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by the custodian’s charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs, and usages of any exchange, market, or clearinghouse where the transaction is executed; the custodian’s policies and practices; and this agreement. The custodian will have no discretion to direct any investment in this Xxxxxxxxx ESA. The custodian assumes no responsibility for rendering investment advice with respect to this Xxxxxxxxx ESA, nor will the custodian offer any opinion or judgment to the responsible individual or depositor on matters concerning the value or suitability of any investment or proposed investment for this Xxxxxxxxx ESA. In the absence of instructions from the responsible individual or depositor, or if the instructions are not in a form acceptable to the custodian, the custodian will have the right to hold any uninvested amounts in cash, and the custodian will have no responsibility to invest uninvested cash unless and until directed by the responsible individual. The custodian shall forward will not exercise the voting rights and other shareholder rights with respect to investments in this Xxxxxxxxx ESA unless timely, written directions are provided and are acceptable to the Responsible Individual any FAM Funds notices, prospectuses, Form 5305-EA under section 530 of the Internal Revenue Code. financial statements, proxies and proxy soliciting materials relating to the FAM Funds held in the Xxxxxxxxx ESA. Except as provided below, the Custodian will not vote any FAM Funds shares held in the Xxxxxxxxx ESA except in accordance with the written instructions given by the responsible individual. However, the Custodian may, in its sole discretion, vote in any manner deemed appropriate, FAM Funds shares for which the Custodian does not receive written instructions from the responsible individualcustodian. The responsible individual shall direct all will select the investment transactions, including earnings and the proceeds from securities sales. The selection of investments, however, shall be limited to full and fractional shares of FAM Funds. All dividends and capital gains distributions received on FAM Funds held in for the Xxxxxxxxx ESA shallassets from those investments that the custodian is authorized by its charter, unless received articles of incorporation, or bylaws to offer and does in additional sharesfact offer for Xxxxxxxxx ESAs (e.g., be reinvested in shares term share accounts, passbook accounts, certificates of the FAM Funds that pays such dividends and distributions and credited to the Xxxxxxxxx ESAdeposit, money market accounts).

Appears in 1 contract

Samples: avemariafunds.com

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