Application of Permitted Investments. Permitted Investments purchased upon the direction of Borrower, as the case may be, under the provisions of this Agreement by Depositary shall be deemed at all times to be a part of the Account from which funds were withdrawn in order to acquire the Permitted Investment and shall be deemed to constitute funds on deposit in and credited to such Account, and the income or interest earned and gains realized in excess of losses incurred by an Account due to the investment of funds deposited therein shall be credited and retained in the particular Account in respect of which the Permitted Investment was purchased, except as expressly provided by the terms hereof. [***] Confidential Treatment Requested
Appears in 2 contracts
Samples: Depositary Agreement (Bloom Energy Corp), Depositary Agreement (Bloom Energy Corp)
Application of Permitted Investments. Permitted Investments purchased upon the direction of BorrowerBorrower or Administrative Agent, as the case may be, under the provisions of this Agreement by Depositary shall be deemed at all times to be a part of the Account from which funds were withdrawn in order to acquire the Permitted Investment and shall be deemed to constitute funds on deposit in and credited to such Account, and the income or interest earned and gains realized in excess of losses incurred suffered by an Account due to the investment of funds deposited therein shall be credited and retained in the particular Account in respect of which the Permitted Investment was purchased, except as expressly provided by the terms hereof. [***] Confidential Treatment Requested.
Appears in 1 contract
Samples: Depositary Agreement (Noble Environmental Power LLC)
Application of Permitted Investments. Permitted Investments purchased upon the direction of BorrowerBorrower or Collateral Agent, as the case may be, under the provisions of this Agreement by Depositary shall be deemed at all times to be a part of the Account from which funds were withdrawn in order to acquire the Permitted Investment and shall be deemed to constitute funds on deposit in and credited to such Account, and the income or interest earned and gains realized in excess of losses incurred suffered by an Account due to the investment of funds deposited therein shall be credited and retained in the particular Account in respect of which the Permitted Investment was purchased, except as expressly provided by the terms hereof. [***] Confidential Treatment Requested.
Appears in 1 contract
Samples: Financing Agreement (Noble Environmental Power LLC)