Amounts Held by Trustee. Any amounts held by the Trustee in the Debt Service Reserve Fund, Working Capital Fund, or pursuant to any other provision hereof or any provision of any other Credit Document providing for amounts to be held by the Trustee which are not distributed pursuant to the other provisions of this Article 4 shall be invested by the Trustee from time to time in Permitted Investments selected by the Issuer. Unless otherwise expressly provided in this Indenture, any income realized as a result of any such Permitted Investment, net of the Trustee's reasonable fees and expenses in making such Permitted Investment, shall be held and applied by the Trustee in the same manner as the principal amount of such Permitted Investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Trustee without instructions whenever the Trustee reasonably believes that such sale is necessary to make a distribution required by this Indenture.
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Samples: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)
Amounts Held by Trustee. Any amounts held by the Trustee in the Debt Service Payment Reserve FundAccount, Working Capital FundConstruction Account, Collection Account, or pursuant to any other provision hereof or any provision of any other Credit Project Document providing for amounts to be held by the Trustee which are not distributed pursuant to the other provisions of this Article 4 5 shall be invested by the Trustee from time to time in Permitted Investments selected by the Issuer, provided such investments are managed such that maturities match required payments hereunder. All Permitted Investments shall be held in the name of the Trustees and control thereof shall be maintained by the Trustees as provided in Section 8-106 of the UCC. Unless otherwise expressly provided in this Indenture, any income realized as a result of any such Permitted Investment, net of the Trustee's reasonable fees and expenses in making such Permitted Investment, shall be held and applied by the Trustee in the same manner as the principal amount of such Permitted Investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than (i) investments on which the Trustee is the obligor and (ii) by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Trustee without instructions whenever the Trustee reasonably believes that such sale is necessary to make a distribution required by this Indenture.
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Samples: Trust Indenture and Security Agreement (R&b Falcon Corp)
Amounts Held by Trustee. Any amounts held by the Trustee from time to time in the Debt Service Reserve Fund, Working Capital Fund, Collection Account or pursuant to any other provision hereof or any provision of any other Credit Financing Document providing for amounts to be held by the Trustee which are not distributed pursuant to the other provisions of this Article 4 3 shall be invested by the Trustee from time to time in Permitted Investments selected by the Issuer; provided, however, upon the occurrence and during the continuance of an Event of Default, the Trustee shall only invest such funds as directed by the Required Secured Parties. Unless otherwise expressly provided in this Indenture, any income realized as a result of any such Permitted Investment, net of the Trustee's ’s reasonable fees and expenses in making such Permitted Investment, shall be held and applied by the Trustee in the same manner as the principal amount of such Permitted Investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Trustee without instructions whenever the Trustee reasonably believes that such sale is necessary to make a distribution required by this Indenture; provided that the Trustee shall be entitled to seek instruction from the Issuer as to which investment should be sold.
Appears in 1 contract
Samples: Collateral Trust Indenture, Security and Assignment Agreement (Madison Gas & Electric Co)