Common use of Acceptable Investments Clause in Contracts

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.

Appears in 2 contracts

Samples: Account Agreement (PLD Capital Asset Us Inc), Leasing Company Escrow Account Agreement (PLD Telekom Inc)

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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)(ii2(e)(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.in

Appears in 2 contracts

Samples: Leasing Company Escrow Account Agreement (PLD Telekom Inc), Leasing Company Escrow Account Agreement (PLD Telekom Inc)

Acceptable Investments. All funds deposited or held in the Leasing Company Senior Note 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 has been satisfied and discharged, during the continuance of a Default or an Event of Default, by the Escrow Agent in Eligible Cash Equivalents which constitute Permitted Investments 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)(ii2(e)(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.

Appears in 1 contract

Samples: Company Senior Note Escrow Account Agreement (PLD Telekom Inc)

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Acceptable Investments. All funds deposited or held in the Leasing Company Convertible Note 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 Convertible Note Trustee, if any of the Senior Convertible Notes are outstanding, or the Convertible Senior Note Trustee, if the Senior Convertible Notes are no longer outstanding and the Senior Convertible Note Indenture and the Senior Note Collateral Documents have has 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)(ii2(e)(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.

Appears in 1 contract

Samples: Account Agreement (PLD Telekom Inc)

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