Acceptable Investments. All funds deposited or held in the Escrow Account at any time shall be invested by the Escrow Agent in U.S. Government Securities in accordance with the instructions annexed hereto as Schedule A (the “Initial Instructions”) and thereafter, if necessary, the Company’s written instructions from time to time to the Escrow Agent (unless and until the Escrow Agent shall have received written notice to the contrary from the Trustee, in which case the Escrow Agent shall follow the Trustee’s instructions); provided, however, that the Company shall only designate investment of funds in U.S. Government Securities maturing in an amount sufficient to and/or generating interest income sufficient to, when added to the balance of funds held in the Escrow Account, provide for the payment of interest on the outstanding Securities on each Interest Payment Date beginning on and including March 15, 2006 and through and including the Interest Payment Date on December 15, 2006; provided, further, however, that any such written instruction shall specify the particular investment to be made, shall state that such investment is authorized to be made hereby and in particular satisfies the requirements of the preceding proviso and Section 2(d)(v), shall contain the certification referred to in Section 2(d)(ii), if required, and shall be executed by an Officer of the Company. All U.S. Government Securities shall be assigned to and held in the possession of, or, in the case of U.S. Government Securities maintained in book entry form with the Federal Reserve Bank i.e., TRADES, transferred to a book entry account in the name of, the Escrow Agent, for the benefit of the Beneficiaries, with such guarantees as are customary, except that U.S. Government Securities maintained in book entry form with the Federal Reserve Bank shall be transferred to a book entry account in the name of the Escrow Agent at the Federal Reserve Bank that includes only U.S. Government Securities held by the Escrow Agent for its customers and segregated by separate recordation in the books and records of the Escrow Agent. The Escrow Agent shall not be liable for losses on any investments made by it pursuant to and in compliance with such instructions. In the absence of qualifying instructions from the Company that meet the requirements of this Section 2(d)(i), the Escrow Agent shall have no obligation to invest funds held in the Escrow Account.
Acceptable Investments. All funds deposited in the Accounts ---------------------- shall be initially invested by the Escrow Agent in cash items (including, without limitation, interest bearing deposit accounts) and Marketable Securities in accordance with the Company's written instructions to the Escrow Agent. Upon the deposit of funds in the Escrow Account or the Refinancing Account, as the case may be, a book entry shall indicate that a "financial asset" as defined in Article 8-102 of the UCC has been credited to the Escrow Account or the Refinancing Account, as the case may be, or the Escrow Agent shall accept such financial asset for credit to the Escrow Account or the Refinancing Account, as the case may be. Thereafter, the Escrow Agent shall invest all funds (including proceeds of any such investments at maturity and interest earned and dividends paid on any such investments) in the Accounts in cash items or Marketable Securities designated by the Company in writing from time to time and shall credit such financial assets in accordance with the immediately preceding sentence. All Marketable Securities shall be assigned to and held in the possession of the Escrow Agent for the exclusive benefit of the Indenture Trustee, or, in the case of Marketable Securities maintained in book entry form with the Federal Reserve Bank, transferred to a book entry account in the name of The Bank of New York for the benefit of the Escrow Agent, to be held by the Escrow Agent for the exclusive benefit of the Indenture Trustee (subject to Section 3 and Section 5), with such guarantees as are customary, except that Marketable Securities maintained in book entry form with the Federal Reserve Bank shall be transferred to a book entry account in the name of The Bank of New York for the benefit of the Escrow Agent, to be held by the Escrow Agent for the exclusive benefit of the Indenture Trustee, at the Federal Reserve Bank that includes only Marketable Securities held by the Escrow Agent for its customers and segregated by separate recordation in the books and records of the Escrow Agent, subject to the provisions of Section 5 hereof.
Acceptable Investments. All funds deposited or held in the Escrow Account at any time shall be invested by the Escrow Agent in U.S. Government Securities in accordance with the Company’s written instructions from time to time to the Escrow Agent; provided, however, that the Company shall only designate investment of funds in U.S. Government Securities maturing in an amount sufficient to and/or generating interest income sufficient to, when added to the balance of funds held in the Escrow Account, provide for the payment of cash interest on the outstanding Securities on the Interest Payment Date beginning on and including [ ], [ ] and through and including the Interest Payment Date on [ ], [ ]; provided, further, however, that any such written instruction shall specify the particular investment to be made, shall state that such investment is authorized to be made hereby and in particular satisfies the requirements of the preceding proviso, shall contain the certification referred to in Section 1(b)(ii), and shall be executed by any officer of the Company; provided, further, however, that the Company may from time to time substitute additional funds consisting of cash or Cash Equivalents for some or all of the U.S. Government Securities then contained in the Escrow Account provided that (i) the cash or Cash Equivalents have a fair market value equal to or greater than the U.S. Government Securities so replaced, (ii) the Company provides the certification required by Section 1(b)(ii) and certifies that the foregoing clause (i) has been complied with and provides an Opinion of Counsel, dated the date of the replacement, which opinion shall meet the requirements of Section 314(b) of the Trust Indenture Act of 1939, as amended, and shall otherwise comply with the Indenture and (iii) the cash and Cash Equivalents are promptly invested in U.S. Government Securities in accordance with this Section 1(b)(i). All U.S. Government Securities shall be assigned to and held in the possession of, or, in the case of U.S. Government Securities maintained in book-entry form with the Federal Reserve Bank, transferred to a book-entry account in the name of the Escrow Agent, for the benefit of the Trustee and the ratable benefit of the Secured Parties, except that U.S. Government Securities maintained in book-entry form with the Federal Reserve Bank shall be transferred to a book-entry account in the name of the Escrow Agent at the Federal Reserve Bank that includes only U.S. Government Securities held ...
Acceptable Investments. All funds deposited or held in the Leasing Company Escrow Account at any time shall be invested, at the direction of the Leasing Company except during the continuance of a Default or an Event of Default, and at the direction of the Senior Note Trustee, if any of the Senior Notes are outstanding, or the Convertible Note Trustee, if the Senior Notes are no longer outstanding and the Senior Note Indenture and the Senior Note Collateral Documents have been satisfied and discharged, during the continuance of a Default or an Event of Default, by the Escrow Agent in Eligible Cash Equivalents for the Company in accordance with the Company's or the applicable Trustee's written instructions, as applicable, from time to time to the Escrow Agent; provided, however, that any such written instruction shall specify the particular Investment to be made, shall contain the certification referred to in Section 2(d)(ii), if required, and shall be executed by any officer of the Company. All Eligible Cash Equivalents shall be assigned to and held in the possession of, or, in the case of Eligible Cash Equivalents maintained in book entry form with the Federal Reserve Bank, transferred to a book entry account in the name of, the Escrow Agent, as pledgee, with such guarantees as are customary, except that Eligible Cash Equivalents maintained in book entry form with the Federal Reserve Bank shall be transferred to a book entry account in the name of the Escrow Agent at the Federal Reserve Bank that includes only Eligible Cash Equivalents held by the Escrow Agent for its customers and segregated by separate recordation in the books and records of the Escrow Agent.
Acceptable Investments. All funds deposited or held in the Securities Account at any time shall be invested in cash or Marketable Securities. Unless a Default or Event of Default or any event that with the lapse of time or the giving of notice, or both, would constitute an Event of Default has occurred or would result therefrom or the Required Holders have otherwise notified the Depositary, the Company may instruct the Depositary in writing with respect to the Marketable Securities in which the funds will be invested. The Depositary shall have the right with acquittance and without liability to rely on any such instructions from the Company unless the Depositary shall have been notified otherwise in writing by the Required Holders.
Acceptable Investments. All funds deposited or held in the ---------------------- Account at any time shall be invested by the Securities Intermediary in Marketable Securities in accordance with the Company's written instructions from time to time to the Securities Intermediary. Any such written instruction shall specify the particular investment to be made, shall state that such investment is authorized to be made hereby, shall contain the certification referred to in Section 3(d)(ii), if required, and shall be executed by any officer of the Company. All Marketable Securities shall be assigned to and held in the possession of, or, in the case of Marketable Securities maintained in book-entry form with the Federal Reserve Bank, transferred to a book-entry account in the name of the Securities Intermediary, for the sole and exclusive benefit of the Trustee on behalf of the holders of the Notes, as provided herein, with such guarantees as are customary, except that Marketable Securities maintained in book-entry form with the Federal Reserve Bank shall be transferred to a book-entry account in the name of the Securities Intermediary at the Federal Reserve Bank that includes only Marketable Securities held by the Securities Intermediary for its customers and segregated by separate recordation in the books and records of the Securities Intermediary.
Acceptable Investments. All funds deposited or held in the Pledge Account at any time shall be invested by the Pledge Agent in Government Securities in accordance with the Initial Instructions annexed hereto as Exhibit B and thereafter the Company's written instructions from time to time to the Pledge Agent; provided, however, that the Company shall only designate investment of funds in Government Securities
Acceptable Investments. Depending on the Trustee’s ability to support and administer the asset, the Trustee’s powers and duties over the asset, the type of account, the business risk, and other factors, the Trustee will accept (which acceptance shall not be unreasonably withheld) assets for acquisition or holding in the Trust, including in a participant’s PCRA Account as described under Article 2.3. The Administrator directing such investments (the “Directing Party”) shall be solely responsible for determining whether the investment is appropriate, prudent and permissible under ERISA, the Internal Revenue Code, and any other applicable law, rules, and regulations, whether the investment is permissible under the terms of the Plan Documents, the economic viability of the underwriter, and diversification of Trust Fund assets. The Trustee does not (i) exercise investment management powers over the Trust Fund, or (ii) determine whether a particular investment decision made by the Administrator fits the investment objectives of the Trust Fund or is otherwise appropriate for the Trust Fund. Subject to the foregoing subjective criteria, and to other policies and procedures that may be issued by the Trustee from time to time, the following types of assets are ordinarily acceptable in the Trust Fund:
Acceptable Investments. Funds deposited in the Interest Escrow Account shall initially be invested in a manner such that the Company reasonably determines at such time that there will be sufficient funds available without any further investment by the Company (other than the reinvestment of funds as Marketable Securities mature and other than amounts which the Company shall from time to time segregate from the proceeds of the sale of the Notes for deposit into the Interest Escrow Account to provide for the payment of interest on the outstanding Notes on each Interest Payment Date beginning on and including January 1, 1998 and through and including the Interest Payment Date on January 1, 2000) to cover all interest due on the outstanding Notes, as such interest becomes due, for each Interest Payment Date occurring from the Issue Date and ending on (and including) January 1, 2000. The Escrow Agent shall have no responsibility for determining whether funds held in the Interest Escrow Account shall have been invested in such a manner so as to comply with the requirements of this clause (i).
Acceptable Investments. All funds held in the Satellite Escrow Account shall be invested and reinvested in Marketable Securities in accordance with the Company's written instructions to Escrow Agent. Escrow Agent shall invest such funds (and all interest earned thereon) in Marketable Securities designated by the Company from time to time. All such Marketable Securities shall be assigned to Escrow Agent, for the benefit of the Company (subject to the security interest of the Trustee), subject to the provisions of Section 6, with bank guaranty of the assignor's signature.
