XXXXX AND OTHER TAX- QUALIFIED ACCOUNTS Sample Clauses

XXXXX AND OTHER TAX- QUALIFIED ACCOUNTS. ERISA Plan Account: The person executing this Agreement on behalf of Client hereby represents that it is a "named fiduciary," as that term is defined in ERISA, with respect to the control or management of the assets of the Plan or Account, and that it is empowered to appoint an "investment manager," as that term is defined in ERISA, with respect to the assets of the plan or Account. The fiduciary representative(s) of any ERISA Client who completes the Account Application acknowledges that they have reviewed and approved the Account Application and represents that is it consistent with the plan and related trust agreement. Client and the person executing this Agreement on behalf of Client represents that they have specifically considered the role that the investment strategy and course of action contemplated by this Agreement will play in the Client's investment portfolio as a whole, including consideration of: (i) the risk of loss and the opportunity for gain (or other return) associated with the investment strategy and investment course of action; (ii) the composition of the Client's investment portfolio with regard to diversification; (iii) the liquidity and current return of the Client's investment portfolio relative to the Client's anticipated cash flow requirements; and (iv) the projected return on the Client's investment portfolio relative to the Client's investment objectives. Client acknowledges and agrees that Introducing Firm will rely on this representation in performing its duties under this Agreement. Other Tax-Favored Account: Client hereby represents and warrants that the person executing this Agreement on behalf of the Account or plan, as the case may be, is either the Account owner or appropriate fiduciary to enter into this Agreement on behalf of the Account or plan and that it will notify Introducing Firm if its status or authority should change.
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