General duties and powers Clause Samples

General duties and powers. (a) Pursuant to Section 9(d) of the Plan, the Rockport Canada Plan Administrator shall have all rights, powers, and duties necessary to carry out its responsibilities under the Plan; provided, however, that nothing in this Agreement shall be deemed to prevent the Rockport Canada Plan Administrator from taking, or refrain from taking, any action that, based upon the advice of counsel, it determines it is obligated to take (or must refrain from taking) in the performance of any fiduciary or similar duty which the Rockport Canada Plan Administrator owes to any other person or entity. (b) The rights, powers and duties, which shall be exercisable by the Rockport Canada Plan Administrator on behalf of Rockport Canada and its Estate, shall include, among others: (i) receiving and administering the Rockport Canada Fund and taking all steps and executing all instruments and documents necessary to effectuate the Plan; (ii) resolving all Disputed Claims and any Claim objections with respect to Rockport Canada pending as of the Effective Date, including the power to object to Claims against Rockport Canada, and to subordinate and recharacterize Claims against Rockport Canada by objection, motion, or adversary proceeding; (iii) settling, without further order of the Bankruptcy Court, all Claims and any Claim objections with respect to Rockport Canada pending as of the Effective Date; (iv) seeking estimation of contingent or unliquidated Claims, under section 502(c) of the Bankruptcy Code; (v) calculating and making Distributions to Holders of Allowed Claims against Rockport Canada as provided for in the Plan and this Agreement; (vi) paying any and all Allowed Rockport Canada Professional Fee Claims incurred after the Closing Date and any and all unpaid postpetition claims of the Information Officer and its professionals; (vii) investigating, prosecuting, compromising, or settling, in accordance with the specific terms of the Rockport Canada Plan Administrator Agreement and without further order of the Bankruptcy Court, the Rockport Canada Litigation Claims; (viii) making decisions regarding the retention, engagement, payment, and replacement of professionals, employees, and consultants retained to assist the Rockport Canada Plan Administrator in administering the Plan with respect to Rockport Canada; (ix) undertaking administrative functions of Rockport Canada, including payment of Statutory Fees incurred post-Effective Date with respect to Rockport Canada and the ulti...

General duties and powers. The Trustees of the Trust Fund shall have the duty and responsibility to ensure that the Trust Fund operates so that the purpose of the Fund is achieved. Except as otherwise provided in any Plan or this Agreement, and notwithstanding the generality of the foregoing, the Trustees have all the authority outlined herein as well as the authority provided by the Trustee Act of the Province of British Columbia and the following additional authorities: (a) to establish and administer the Fund on behalf of the beneficiaries to ensure the Fund is used for the purpose of providing pension benefits for members of the Boilermakers Lodge 359 Production Workers Pension Trust Fund and to design and implement a governance plan to ensure the good governance of the Fund; (b) to employ or retain independent Administrators, legal counsel, instructors, directors, educators, clerical assistance, Investment Managers, investment management measurement services, governance auditors, retirement counsel, Accountants, Auditors, Actuaries, and any other professional person as may be required from time to time for the performance of their duties and to ensure the fulfillment of the objectives of the Trust. The Trustees may utilize the services of professional persons employed by an Employer or a Union hereunder and may appropriately pay such legitimate fees as determined by the Employer of the said Employee; (c) to enter into any and all contracts and agreements, either with private individuals, corporations, or any third party supplier, or with any government department or agency, which can, directly or indirectly, assist in the purposes of carrying out the terms of the Plan; (d) to determine, enforce, compromise, settle, submit to arbitration and release claims or demands in favour of or against the Fund on such terms and conditions as the Trustees may deem advisable; (e) to establish and accumulate a Fund adequate, in the opinion of the Trustees, to carry out the purposes of the Fund and Plan, including the provision of Plan benefits to the members of the Plan; (f) to pay out of the fund all real and personal property taxes, income taxes and any other taxes of any kind levied or assessed upon the Fund or the Trustees (acting in their capacity as Trustees); (g) to receive for the purposes of and on behalf of the Fund, contributions, payments or any other income from any source whatsoever to the extent permitted by law; (h) to authorize Investment Managers to invest, reinvest and dive...

General duties and powers. The Trustees shall have the duty and responsibility to ensure that the Trust Fund operates so that the purpose of the Fund is achieved. Except as otherwise provided in the Plan or this Agreement, and notwithstanding the generality of the foregoing, the Trustees shall have the following powers: (a) to establish and administer the Fund on behalf of Employees to ensure that the benefits of the Fund are used for the purpose of providing pension benefits as determined by the Trustees in accordance with the Plan; (b) to attend to: (i) all measurements and reporting required by the Pension Benefits Act, including regular actuarial evaluations and stochastic modeling of the assets and liabilities of the Plan; (ii) establishing an Investment Policy subject to annual review for the purpose of ensuring that the desired security for both the base benefits and the ancillary benefits (as defined in the Pension Benefits Act, and/or the Plan) that are expected to be achieved; (iii) administering and investing the Plan in accordance with the Pension Benefits Act, the Investment Policy and the Funding Policy. For greater clarity, this includes the power to increase or decrease contributions and benefits in accordance with the Funding Policy; and (iv) all other requirements of an administrator under the Pension Benefits Act. (c) to hire such independent counsel, instructors, directors, educators and other such assistance, professional or otherwise, as may be required for the performance of their duties and to ensure the fulfillment of the objectives of the Trust; (d) to enter into any and all contracts and agreements, either with private individuals, corporations or with any government agencies, which can, directly or indirectly, assist in the purposes of carrying out the terms of this Agreement and the Plan; (e) to collect, compromise, settle, submit to arbitration, and release claims or demands in favour of or against the Fund on such terms and conditions as the Trustees may deem advisable; (f) to pay out of the Fund all real and personal property taxes, income taxes and any other taxes of any kind levied or assessed upon the Trustees (acting in their capacity as Trustees) or the Fund, or any monies or securities forming part thereof; (g) to receive for the purposes of and on behalf of the Fund, contributions or payments from any source whatsoever to the extent permitted by law; (h) to appoint such agents, Investment Managers, brokers, bankers and others as they consider n...

General duties and powers. The Managing Member shall direct, coordinate, and control the Company's business and activities and its incurrence of operating expenses, and shall have general authority to exercise all the powers necessary for the Managing Member of the Company subject to the limitations set forth herein. The Managing Member may appoint and discharge officers and agents of the Company and may delegate any of its powers; provided, however, that the Managing Member may not employ persons who are affiliates of or employees of the Managing Member without the prior written consent of the other Members. The Managing Member shall have general authority to execute contracts in the name and on behalf of the Company subject to the limitations set forth herein.