Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with Participants or their Beneficiaries. The Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, exercising the judgment and care that persons of prudence, discretion and intelligence would exercise under the circumstances then prevailing, considering the probable income and safety of their capital, including, without limiting the generality of the foregoing, the power:
Management of Investments. 55 ------------------------- 16.1 Trust Agreement......................................... 55 16.2
Management of Investments. 6 3.4 Securities.................................................. 9 3.5 Substitution............................................... 9 3.6 Distributions.............................................. 9 3.7 Trustee Responsibility Regarding Payments on Insolvency..................................... 12 3.8
Management of Investments. The Trustee, or Investment Committee if appointed, shall manage the investment of the Trust Fund except insofar as (A) an Investment Manager has authority to manage Trust assets, or (B) Participant Directed Assets are permitted as specified in the Adoption Agreement. Except as required by XXXXX, if an Investment Committee is acting, the Trustee shall invest the Trust Fund as directed by the Investment Committee, an Investment Manager or a Participant or Beneficiary, as the case may be, and the Trustee shall have no discretionary control over, nor any other discretion regarding, the investment or reinvestment of any asset of the Trust. Participant Directed Assets shall be invested in accordance with the direction of the Participant or, in the event of the Participant’s death before an Account is fully distributed, the Participant’s Beneficiary with respect to the assets involved; provided, however, that Participant Directed Assets may not be invested in “collectibles” (as defined in Code Section 408(m)(2)). If there are Participant Directed Assets, the investment of these assets shall be made in accordance with such rules and procedures established by the Plan Administrator which must be consistent with the rules and procedures of the Sponsor or its affiliate, as applicable.
Management of Investments. (a) JOHIM shall, subject to paragraph 3.2, have complete discretion, power and authority to manage the Portfolio and to make investments and changes in investments on the Client's behalf and as the Client's agent within the investment policy agreed between JOHIM and the Client and set out in Part I of Schedule II. Such policy shall be subject to the guidelines and restrictions set out in Part II of Schedule II and to any guidelines, restrictions and instructions specified in writing by the Client or by the Client's duly authorised agent (written notice of whose authority shall have been received by JOHIM). The Client's attention is specifically drawn to the warning set out in Part III of Schedule II.
Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with Participants or their Beneficiaries. Subject to Section 3.1 above, the Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, including without limiting the generality of the foregoing, the power:
Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee. The Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, exercising the judgment and care that persons of prudence, discretion and intelligence would exercise under the circumstances then prevailing, considering the probable income and safety of their capital, including, without limiting the generality of the foregoing, the power:
Management of Investments. 6 3.4 SECURITIES.....................................................................9 3.5 SUBSTITUTION...................................................................9 3.6 DISTRIBUTIONS..................................................................9 3.7 TRUSTEE RESPONSIBILITY REGARDING PAYMENTS ON INSOLVENCY.......................12 3.8
Management of Investments. Each Centerline Party agrees to use reasonable commercial efforts within its capacity as asset manager, without any obligation to expend funds other than as required herein, to cause the Credit Enhanced Local Partnerships to operate their Properties in compliance with the requirements under Section 42 of the Code and in a manner so as to avoid recapture of Tax Credits.
Management of Investments. Subject to Section 3.1 above, the Trustee shall have, without exclusion, all powers conferred on the Trustee by applicable law, unless expressly provided otherwise herein, and all rights associated with assets of the Trust shall be exercised by the Trustee or the person designated by the Trustee, and shall in no event be exercisable by or rest with Participants or their Beneficiaries. The Trustee shall have full power and authority to invest and reinvest the Trust Fund in any investment permitted by law, provided that Trust assets deferred pursuant to the 2005 Plan must at all times be located within the United States, exercising the judgment and care that persons of prudence, discretion and intelligence would Trust Agreement for the
