Common use of Investment Discretion Clause in Contracts

Investment Discretion. XXX receives discretionary authority from Clients who participate in the AMP by the signature of Client on the AMP Client Agreement at the beginning of an advisory relationship. This enables EFI to select the identity and amount of securities to be bought or sold, then proceed in a timely manner with changes to the Account. The Limited Power of Attorney agreed upon by the Client is limited to the purchase and sale of securities, including the trading of options, if applicable, and includes the authorization for management fees to be paid to EFI from Account. Subject to any investment restrictions or guidelines which may be communicated to EFI by the Client, EFI will have full discretion and authority, without obtaining the Client’s prior approval, to manage the investment and reinvestment of the Account and will use its best efforts to increase the value of the Account by investing and reinvesting in such a manner as EFI considers appropriate. Without limiting the generality of the foregoing, EFI may take the following actions with respect to the Account: (i) to effect purchases, sales and otherwise trade in any instrument generally known as a security and any options thereon (if covered) and, if requested by Client, to engage in short sales, margin transactions and uncovered option transactions; (ii) to make all decisions relating to the manner, method and timing of investment transactions, and (iii) to execute, in the name and on behalf of the Client, all such documents and to take all such other actions which EFI considers necessary or advisable to carry out its duties hereunder. Client authorizes EFI to take all necessary action to effect securities transactions for the Account. This grant of discretion will remain in full force and effect until terminated by Client or EFI pursuant to this Agreement, or until EFI receives notice of Client’s death. The termination of this grant of discretion will constitute a termination of this Agreement. If, in the event of Client’s death, EFI acts in good faith pursuant to this grant of discretion without actual knowledge of Client’s death, any action so taken, unless otherwise invalid or unenforceable, will be binding on Client’s successors in interest. In all cases, discretion is exercised in a manner consistent with the stated investment objectives, guidelines, or limitations previously provided by the Client and agreed to by EFI. It is the Client’s responsibility to advise EFI of any changes in the Client’s investment goals. All Clients are encouraged to review their objectives and account performance with EFI each year, either in person, phone conference, or by email.

Appears in 2 contracts

Samples: Asset Management Program Client Agreement, Asset Management Program Client Agreement

AutoNDA by SimpleDocs

Investment Discretion. XXX EFI receives discretionary authority from Clients who participate in the AMP by the signature of Client on the AMP Client Agreement at the beginning of an advisory relationship. This enables EFI to select the identity and amount of securities to be bought or sold, then proceed in a timely manner with changes to the Account. The Limited Power of Attorney agreed upon by the Client is limited to the purchase and sale of securities, including the trading of options, if applicable, and includes the authorization for management fees to be paid to EFI from Account. Subject to any investment restrictions or guidelines which may be communicated to EFI by the Client, EFI will have full discretion and authority, without obtaining the Client’s prior approval, to manage the investment and reinvestment of the Account and will use its best efforts to increase the value of the Account by investing and reinvesting in such a manner as EFI considers appropriate. Without limiting the generality of the foregoing, EFI may take the following actions with respect to the Account: (i) to effect purchases, sales and otherwise trade in any instrument generally known as a security and any options thereon (if covered) and, if requested by Client, to engage in short sales, margin transactions and uncovered option transactions; (ii) to make all decisions relating to the manner, method and timing of investment transactions, and (iii) to execute, in the name and on behalf of the Client, all such documents and to take all such other actions which EFI considers necessary or advisable to carry out its duties hereunder. Client authorizes EFI to take all necessary action to effect securities transactions for the Account. This grant of discretion will remain in full force and effect until terminated by Client or EFI pursuant to this Agreement, or until EFI receives notice of Client’s death. The termination of this grant of discretion will constitute a termination of this Agreement. If, in the event of Client’s death, EFI acts in good faith pursuant to this grant of discretion without actual knowledge of Client’s death, any action so taken, unless otherwise invalid or unenforceable, will be binding on Client’s successors in interest. In all cases, discretion is exercised in a manner consistent with the stated investment objectives, guidelines, or limitations previously provided by the Client and agreed to by EFI. It is the Client’s responsibility to advise EFI of any changes in the Client’s investment goals. All Clients are encouraged to review their objectives and account performance with EFI each year, either in person, phone conference, or by email.

Appears in 2 contracts

Samples: Asset Management Program Client Agreement, Asset Management Program Client Agreement

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.