Xxxxxx of the Trustee Sample Clauses

Xxxxxx of the Trustee. Except as otherwise provided in this Plan, the Trustee shall have the power to take any action with respect to the Fund which it deems necessary or advisable to discharge its responsibilities under this Plan including, but not limited to, the following powers:
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Xxxxxx of the Trustee. EDUCATIONAL All rights, powers, authority and discretion exercisable by the Trustee under this Trust or by law shall be binding and conclusive on all interested parties; shall be exercisable by the Trustee in its sole and absolute discretion; shall be exercisable only in a fiduciary capacity and in the best interests of the beneficiaries; shall be construed in the br oadest po ssible manner; and shall be exercisable without prior or subsequent application to any court under the jurisdiction of which this Trust may be administered. The Tr ustee is under a duty to the beneficiaries to invest and manage the funds of the Trust as a prudent invest or would, in a manner that is fair to all beneficiaries as a reflect ion of the Trust's purposes, t erms, and obligatio ns and in light of the circumstances of the Trust and the relevant circumstances of its beneficiaries. The investment decisions of a Trustee shall be evaluated not in isolation, but in the context of the investment portfolio as a whole and as part of an overall investment strategy reasonably suited to the Trust.
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Xxxxxx of the Trustee. A. The Trustee shall have full power and authority to administer the trusts herein established, and, without limiting the generality of the foregoing, expressly the following powers:
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Xxxxxx of the Trustee. Except as may otherwise be provided in this Agreement, the Trustee shall have the following powers, to be exercised in its discretion, in addition to and not in limitation of those granted by law: to retain assets, without duty of diversification, in kind or to sell the same, at public or private sale, at such times and upon such terms and conditions as it sees fit; to invest in any kind of property, or fractional interest therein, no matter where located, without regard to any otherwise applicable statutory or other limitations on investment by fiduciaries; to purchase policies of life insurance, to pay premiums thereon from income or principal and to exercise all right of ownership thereover; to pledge, exchange or mortgage any real or personal property and to lease the same for any period of time, including without limitation more than either five
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Xxxxxx of the Trustee. Except as may otherwise be provided in this Agreement, the Trustee shall have the following powers, to be exercised in its discretion, in addition to and not in limitation of those granted by law: to retain assets, without duty of diversification, in kind or to sell the same, at public or private sale, at such times and upon such terms and conditions as it sees fit; to invest in any kind of property, or fractional interest therein, no matter where located, without regard to any otherwise applicable statutory or other limitations on investment by fiduciaries; to purchase policies of life insurance, to pay premiums thereon from income or principal and to exercise all right of ownership thereover; to pledge, exchange or mortgage any real or personal property and to lease the same for any period of time, including without limitation more than either five (5) years or the term of the Trust; to give or exercise options for sales, leases and exchanges; to borrow money; to lend money (including, without limitation, to any possible beneficiary hereunder) on commercially reasonable terms; to compromise claims; to vote shares of corporate stock, in person or by proxy, in favor of or against management proposals and otherwise exercise all right of security holders; to carry securities in the name of a nominee, including that of a clearing corporation or depository, in book entry form, unregistered or in such other form as will pass by delivery; to allocate realized capital gains to income or principal; to allocate receipts and disbursements as between income and principal; and to make distribution either in cash or in kind. Without limiting the foregoing, the Trustee may own property which is used as the principal residence, furniture, and other items meeting the “special needs” of [Name of Beneficiary] despite the fact that such property is non­productive of income.
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Xxxxxx of the Trustee. Subject to the provisions of Sections 8.02(B)(1), 8.02(B)(2) & 8.02(B)(3), the Trustee shall have the authority, in addition to any authority given by law, to exercise the following powers in the administration of the Fund:
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Xxxxxx of the Trustee. The TRUSTEE shall have the following powers:
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Related to Xxxxxx of the Trustee

  • Replacement of the Trustee (A) Notwithstanding anything to the contrary in this Section 10.07, a resignation or removal of the Trustee, and the appointment of a successor Trustee, will become effective only upon such successor Trustee’s acceptance of appointment as provided in this Section 10.07.

  • Compensation of the Trustee The Trustee shall be entitled to (i) receive, and is authorized to pay to itself the amount of income or gain earned from the investment of funds in the Certificate Account and (ii) reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with this Agreement (including fees and expenses of its counsel and all persons not regularly in its employment), except for any expenses, disbursements and advances that either (i) arise from its negligence, bad faith or willful misconduct or (ii) do not constitute “unanticipated expenses” within the meaning of Treasury Regulation 1.860G-1(b)(3)(ii). The Custodians shall be compensated as separately agreed with the Depositor (or its affiliates).

  • Name of the Trust This Trust shall be known as the “___________________ Revocable Living Trust” hereinafter known as the “Trust” and ☐ is ☐ is not an amendment to a prior Living Trust.

  • Rights of the Trustee (A) The Trustee may conclusively rely on any document that it believes to be genuine and signed or presented by the proper Person, and the Trustee need not investigate any fact or matter stated in such document.

  • Duties of the Trustee The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred and remains uncured, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. The Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee that are specifically required to be furnished pursuant to any provision of this Agreement shall examine them to determine whether they are in the form required by this Agreement. The Trustee shall not be responsible for the accuracy or content of any such resolution, certificate, statement, opinion, report, document, order, or other instrument. No provision of this Agreement shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that, unless an Event of Default known to the Trustee has occurred and is continuing,

  • Management of the Trust The business and affairs of the Trust shall be managed by or under the direction of the Trustees, and they shall have all powers necessary or desirable to carry out that responsibility. The Trustees may execute all instruments and take all action they deem necessary or desirable to promote the interests of the Trust. Any determination made by the Trustees in good faith as to what is in the interests of the Trust shall be conclusive. In construing the provisions of this Declaration, the presumption shall be in favor of a grant of power to the Trustees.

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