Retirement or Employee Benefit Plan Accounts. This Section 8 applies if the account(s) is/are for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under Section 401(a) of the Internal Revenue Code of 1968, as amended (“the Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under section 408 of the Code. If the account(s) is/are for a plan subject to ERISA, Client appoints Xxxxxx Advisors, and Xxxxxx Advisors accepts its appointment, as an “investment manager” for purposes of ERISA and the Code, and Xxxxxx Advisors acknowledges that it is a “fiduciary” within the meaning of Section 3(21) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provisions of services in Section 1 of this Agreement). Client represents that Xxxxxx Advisors has been furnished true and complete copies of all documents establishing and governing the plan and evidencing Client’s authority to retain Xxxxxx Advisors. Client will furnish promptly to Xxxxxx Advisors any amendments to the plan, and Client agrees that, if any amendment affects the rights or obligations of Xxxxxx Advisors, such amendment will be binding on Xxxxxx Advisors only when agreed to by Xxxxxx Advisors in writing. If the account(s) contains only a part of the assets of the plan, Client understands that Xxxxxx Advisors will have no responsibility for the diversification of all of the plan’s investments, and that Xxxxxx Advisors will have no duty, responsibility or liability for Client assets that are not in the account(s). If ERISA or other applicable law requires bonding with respect to the assets in the account(s), Client will obtain and maintain at its expense bonding that satisfies this requirement and covers Xxxxxx Advisors and its affiliated persons.
Retirement or Employee Benefit Plan Accounts. If Client is not subject to the Federal Employee Retirement Income Securities Act of 1974, as amended (hereinafter “ERISA”), as of the date of this Agreement, and at all times during the term of this Agreement, less than twenty-five percent of the Account(s) assets are and will be assets of “employee benefit plans” within the meaning of ERISA. If Client is subject to ERISA or in an owner only retirement plan or Account:
Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and
Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us, (iii) you agree to provide us with a list of persons or entities which you consider to be a “disqualified person,” as that term is defined in Section 4975 of the Internal Revenue Code, as amended, or a “party in interest,” as that term is defined in Section 3(14) of ERISA, and (iv) if you have directed us to use a certain broker-dealer, we are unable to seek best execution for transactions in the Account and you may pay higher brokerage fees than if we were authorized to direct transactions to another broker-dealer that could provide best execution. You further represent that you will promptly furnish us with any amendments to the Plan, and you agree that, if any amendment affects our rights or obligations, such amendment will be binding on us only with our prior written consent. If the Account contains only a part of the assets of the Plan, you understand that we will have no responsibility for the diversification of all of the Plan’s investments, and we will have no duty, responsibility or liability for your assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, you will obtain and maintain at your expense bonding that satisfies this requirement and covers us and any of our affiliates.
Retirement or Employee Benefit Plan Accounts. This Section 10 applies if the Account is for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under Section 408 of the Code. If the Account is for a plan subject to ERISA, Client appoints Adviser, and Adviser accepts its appointment, as an “investment manager” for purposes of Section 3(38) of ERISA and Adviser acknowledges that it is a “fiduciary” within the meaning of Section 3(21)(A) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in Section 1 of this Agreement). Adviser represents that it is registered as an investment adviser under state law. If the Account is for a plan subject to ERISA, this Agreement contains the disclosures required by ERISA Regulation Section 2550.408b- 2(c) and which disclosures Client has received reasonably in advance of entering into this Agreement. In addition, Adviser will provide the following disclosures, when required:
Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). If the Account is part of a Plan and we accept appointment to provide advisory services to such Account, we acknowledge that we are a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of services described in Section 1 of this Agreement). We represent that we are registered as an investment adviser and duly qualified to manage Plan assets under applicable regulations. You represent that (i) our appointment and services are consistent with the Plan documents, (ii) you have furnished us true and complete copies of all documents establishing and governing the Plan and evidencing your authority to retain us,
Retirement or Employee Benefit Plan Accounts. This Section applies if the Managed Assets are for a: (i) pension or other employee benefit plan (including a 401(k) plan) governed by ERISA;
Retirement or Employee Benefit Plan Accounts. This section applies to an Investment Management Account that is a pension or other employee benefit plan (a “Plan”) governed by ERISA. If the account is part of a Plan, Client hereby appoints Investment Manager and Investment Manager accepts appointment as an investment manager to provide advisory services to such account. Investment Manager acknowledges that it is a “fiduciary” within the meaning of ERISA (but only with respect to the provision of services described in Section 3 of this Agreement). Client represents that (i) the appointment and services of Investment Manager contemplated by this Agreement are consistent with the Plan documents, (ii) Client has furnished Investment Manager true and complete copies of all documents establishing and governing the Plan and evidencing Client’s authority to retain Investment Manager, (iii) if Client has directed or directs Investment Manager to use a certain broker-dealer, Investment Manager is unable to seek best execution for transactions in the Investment Management Account and Client may pay higher brokerage fees than if Investment Manager were authorized to direct transactions to another broker-dealer that could provide best execution. Client further represents that it will promptly furnish Investment Manager with any amendments to the Plan, and Client agrees that, if any amendment affects Investment Manager’s rights or obligations, such amendment will be binding on Investment Manager only with Investment Manager’s prior written consent. If the Investment Management Account contains only a part of the assets of the Plan, Client understands that Investment Manager will have no responsibility of the diversification for all of the Plan’s investments, and Investment Manager will have no duty, responsibility or liability for Client’s assets that are not in the Investment Management Account. If ERISA or other applicable law requires bonding with respect to the assets in the Investment Management Account, Client will obtain and maintain at its expense bonding that satisfies this requirement and covers Investment Manager and any of its affiliates.
Retirement or Employee Benefit Plan Accounts. This Section applies if we (including our individual adviser representatives) provide investment management services or investment advice, within the meaning of ERISA Regulation 2510.3-21(c), with respect to any Assets that are
Retirement or Employee Benefit Plan Accounts. This Section 9 applies if the Account is for a (a) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (b) tax‐qualified retirement plan (including a Xxxxx plan) under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and not covered by ERISA; or (c) an individual retirement account (“IRA”) under Section 408 of the Code. If the Account is for a plan subject to ERISA, Client appoints Advisor, and Advisor acknowledges that it is a “fiduciary” within the meaning of Section 3(21) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in Section 1 of this Agreement). Advisor represents that it is registered as an investment advisor under the laws of Oklahoma under the Oklahoma Uniform Securities Act of 2004. Client represents that Advisor has been furnished true and complete copies of all documents establishing and governing the plan and evidencing Client’s authority to retain Advisor. Client will furnish promptly to Advisor any amendments to the plan, and Client agrees that, if any amendment affects the rights or obligations of Advisor, such amendment will be binding on Advisor only when agreed to by Advisor in writing. If the Account contains only a part of the assets of the plan, Client understands that Advisor will have no responsibility for the diversification of all of the plan’s investments, and that Advisor will have no duty, responsibility or liability for Client assets that are not in the Account. If ERISA or other applicable law requires bonding with respect to the assets in the Account, Client will obtain and maintain at its expense bonding that satisfies this requirement and covers Advisor and its Affiliated Persons.
