Common use of Investment Guidelines Clause in Contracts

Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include a tax situation or cost basis of individual securities). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific security, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the Account. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by Client. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless Client has provided such cost basis and time of acquisition to Management in writing on a form designated by Management. Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 4 contracts

Samples: Management Group Relationship Agreement, www.churchillmanagement.com, www.churchillmanagement.com

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Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with or solely use a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include requesting an asset be designated unsupervised, despite it potentially being billed, within an account to avoid a tax situation or cost basis of individual securitiesconsequence). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific securitysecurity so that it is an unsupervised asset, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the AccountAccount despite any advice Client might request regarding such unsupervised asset. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by ClientClient so that the asset would be unsupervised. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless and if Client has provided such cost basis and time wants to avoid a potential tax liability or otherwise, Client understands they may request to make the asset unsupervised or leave it out of acquisition to the managed account. Client should assume all assets will be sold so that Management in writing on a form designated by Managementmight purchase the assets they deem fit regardless of tax consequences. . Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 4 contracts

Samples: Management Group Relationship Agreement, Management Group Relationship Agreement, Management Group Relationship Agreement

Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include requesting an asset be designated unsupervised, despite it potentially being billed, within an account to avoid a tax situation or cost basis of individual securitiesconsequence). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific securitysecurity so that it is an unsupervised asset, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the AccountAccount despite any advice Client might request regarding such unsupervised asset. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by ClientClient so that the asset would be unsupervised. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless and if Client has provided such cost basis and time wants to avoid a potential tax liability or otherwise, Client understands they may request to make the asset unsupervised or leave it out of acquisition to the managed account. Client should assume all assets will be sold so that Management in writing on a form designated by Managementmight purchase the assets they deem fit regardless of tax consequences. . Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 2 contracts

Samples: Management Group Relationship Agreement, Management Group Relationship Agreement

Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include a tax situation or cost basis of individual securities). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific security, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the Account. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by Client. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless Client has provided such cost basis and time of acquisition to Management in writing on a form designated by Management. Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 2 contracts

Samples: www.churchillmanagement.com, www.churchillmanagement.com

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Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with or solely use a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include requesting an asset be designated unsupervised, despite it potentially being billed, within an account to avoid a tax situation or cost basis of individual securitiesconsequence). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific securitysecurity so that it is an unsupervised asset, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the AccountAccount despite any advice Client might request regarding such unsupervised asset. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. If Client removes a restriction to sell or approves or directs the sell of the asset(s), Client acknowledges that there are potential significant tax ramifications and Client should consult with a tax professional despite any guidance Client may have received from a servicing representative at Management. Management will not be responsible for the tax ramifications of any such sell. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by ClientClient so that the asset would be unsupervised. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless and if Client has provided such cost basis and time wants to avoid a potential tax liability or otherwise, Client understands they may request to make the asset unsupervised or leave it out of acquisition to the managed account. Client should assume all assets will be sold so that Management in writing on a form designated by Managementmight purchase the assets they deem fit regardless of tax consequences. Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 1 contract

Samples: Management Group Relationship Agreement

Investment Guidelines. Client instructs Management to manage the Account(s) using the Equity Strategies indicated by Client in each New Account Form, which may be balanced with or solely use a Fixed Income Strategy (individual bonds, fixed income funds, or otherwise). Client may give written direction to Management to change to another Equity Strategy at a later date. Client’s financial circumstances, investment objectives and any special instructions or limits that Client wishes Management to follow must be provided to Management in writing. Client may provide to Management in writing any additional information Management should know about Client’s situation or special instructions which might affect how Management manages the Account(s). (This may include requesting an asset be designated unsupervised, despite it potentially being billed, within an account to avoid a tax situation or cost basis of individual securitiesconsequence). Client agrees to notify Management promptly of any material change in Client’s information or any other material change in Client’s financial circumstances or investment objectives that might affect the manner in which the Account(s) should be invested or if Client believes any investment made in the Account(s) violates such objectives. This includes, but is not limited to, additions to or withdrawals from the Account(s). Client shall be solely responsible for the completeness and accuracy of the data and information furnished to Management. Client understands that in the case of an instruction not to purchase an individual security, sector or industry, it may still be purchased within a fund or other security Management purchases. Thus, Xxxxxxxxx cannot apply the restriction to Exchange Traded Funds or other funds that own multiple securities. In addition, Client understands and agrees in the case of an instruction not to purchase an individual investment within an industry or sector, Management relies upon a list of sectors and industries provided by a third party source. Management can only limit its purchases consistent with the investments included in each sector/industry by the third party source. Management has no obligation to otherwise determine which individual investments fall within these categories. Client may request a list of the present securities that fall within these sectors/industries at any time. The equities that are contained within each sector/industry can change at any time without notice to Management. Client agrees and understands that any special request or restriction (including termination or trade instruction) for the Account(s) or removal of any special request or restriction for the Account(s) may not take effect for forty-eight hours and Client understands that all trades or actions taken by Management within this forty-eight hour period are valid even if such trades or actions contradict the special request or restriction. Client understands and agrees, in the case of an instruction limiting Management’s ability to trade some or all of the Account(s) or any other restriction, that Client will still be responsible for paying management fees while this restriction is on the Account(s). The management fees shall not be suspended. Maintaining a restriction on cash or a restriction to sell a specific security or asset class may cause Management to purchase position sizes that are inconsistent with Management’s investment philosophy and are larger or smaller than may otherwise be purchased. Such a restriction may also cause the percentage invested in any asset class to be inconsistent with Client’s stated percentage goal for that asset class or lead to an Account not owning the same investments as other Accounts. Additionally, if Client restricts the sale of a specific securitysecurity so that it is an unsupervised asset, Management will not sell that security or any additional investments acquired as a result of holding the restricted security due to reinvested dividends or to corporate action, without prior Client approval, and Client will be solely responsible for doing so. Management will not monitor such restricted assets in the AccountAccount despite any advice Client might request regarding such unsupervised asset. However, such restricted assets will be included in the value of the account when calculating management fees. Management may choose to purchase additional shares of a restricted security which new purchase will not be restricted. When selling, Management's records may close out tax lots in a different order than Client’s custodian. Client must contact us before withdrawing or selling the restricted investment. This will prevent potential trade errors which would be billed to Client’s account. All restricted assets, depending on the specific instruction, may be included in the Account value, count toward the percentage invested and show in Client’s reporting. Cash dividends paid as a result of restricted assets will automatically be considered supervised cash and may be invested by Management. In addition, if a restricted asset either matures or is sold, the cash received as a result thereof will automatically be considered supervised cash and may be invested by Management. If Client removes a restriction to sell or approves or directs the sell of the asset(s), Client acknowledges that there are potential significant tax ramifications and Client should consult with a tax professional despite any guidance Client may have received from a servicing representative at Management. Management will not be responsible for the tax ramifications of any such sell. Client understands that all Account(s) managed in an ETF Sector Rotation, Equity Growth and Value, Equity Growth Opportunity, Equity Dividend Income, Maximum Growth Tactical, Premier Wealth Tactical Core, Premier Wealth Tactical Core/ETF Sector Rotation (also known as Xxxxxxxxx Moderate, Xxxxxxxxx Moderately Aggressive, or Xxxxxxxxx Aggressive) or Tactical Opportunity must typically open with all cash or cash equivalents (unless Management determines it is unnecessary because, for example, the new Account is being converted from an existing Management Account under a different Equity Strategy or we own the asset). Client authorizes Management to liquidate all assets of the Account to be managed under any Equity Strategy (including Premier Wealth Tactical) immediately upon signing the New Account Form for that Account, regardless of any tax ramifications or penalties that Client might suffer. Client further understands this liquidation may occur prior to the Account opening on Management’s reporting and portfolio management system. Thus, all future reporting to Client from Management will not include these liquidating transactions. Client may request an exception regarding one or more assets existing in the Account in writing at the time the New Account Form for that Account is signed by ClientClient so that the asset would be unsupervised. Client further understands that Management may wait to purchase investments in the Account as assets come under Management’s control, which time frame will be solely in Management’s discretion. This is true even if Management is bullish as to potential investment opportunities. Client understands and agrees that, in making decisions to sell securities in the Account(s), Management will not take into consideration any fees or penalties that may be incurred in selling any mutual fund or other security deposited by Client into the Account(s). Management will not take into consideration the cost basis of any securities deposited in the Account(s) by Client unless and if Client has provided such cost basis and time wants to avoid a potential tax liability or otherwise, Client understands they may request to make the asset unsupervised or leave it out of acquisition to the managed account. Client should assume all assets will be sold so that Management in writing on a form designated by Managementmight purchase the assets they deem fit regardless of tax consequences. Client acknowledges that investment allocations between equity and fixed income will be reviewed on an ongoing basis. These allocations may change upon oral or written direction of Client and Client’s designated allocations are approximate and may be varied by Management from time to time. Client represents that there are no open trade orders or dividend reinvestment instructions on the Account(s), including assets that are considered unsupervised by Management. If any exist, Management may cancel them without further notice to Client. However, if Client notifies Management in writing of a restricted asset for which Client wants to maintain dividend reinvestment instructions, Management in its discretion may agree to allow for such instruction(s) to remain. In this instance, Management will refrain from purchasing any additional shares of this investment and will not supervise additional shares of the asset if deposited by Client. Client acknowledges and agrees that any costs suffered by Management as a result of a trade error, or otherwise, caused by Client’s failure to properly notify Management of any action (including termination) taken by Client it will be Client’s responsibility to immediately refund any costs incurred as a result. In the case of termination, Management may deduct such losses against any prepaid management fees due to Client.

Appears in 1 contract

Samples: Management Group Relationship Agreement

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