Common use of Authorized Investments Clause in Contracts

Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of any of the Security Documents or otherwise, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Any interest earned on such funds shall be disbursed to the Creditors in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing account. The Collateral Agent shall have no duty to place funds held pursuant to this Section 5.9 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9.

Appears in 4 contracts

Samples: Intercreditor and Collateral Agency Agreement (Ruby Tuesday Inc), Intercreditor and Collateral Agency Agreement (Kapstone Paper & Packaging Corp), Intercreditor and Collateral Agency Agreement (Ruby Tuesday Inc)

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Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of this Agreement or any of the Security Documents or otherwiseCollateral Documents, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Prior to making such investment or to the extent it is not feasible to invest such funds in Cash Equivalent Investments, the Collateral Agent shall hold any such funds in an interest bearing account. Any interest earned on such funds shall be disbursed to the Creditors Secured Parties in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing account§6.10 or §6.11, as applicable. The Collateral Agent shall have no duty to place funds held and invested pursuant to this Section 5.9 §6.12 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9§6.12.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Trex Co Inc)

Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of this Agreement or any of the Security Documents or otherwiseDocuments, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Prior to making such investment or to the extent it is not feasible to invest such funds in Cash Equivalent Investments, the Collateral Agent shall hold any such funds in an interest bearing account. Any interest earned on such funds shall be disbursed to the Creditors Secured Parties in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing accountss.5.10. The Collateral Agent shall have no duty to place funds held and invested pursuant to this Section 5.9 ss.5.11 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9ss.5.11.

Appears in 1 contract

Samples: Collateral Agency Agreement (Usn Communications Inc)

Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of this Agreement or any of the Security Documents or otherwiseDocuments, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Prior to making such investment or to the extent it is not feasible to invest such funds in Cash Equivalent Investments, the Collateral Agent shall hold any such funds in an interest bearing account. Any interest earned on such funds shall be disbursed to the Creditors Secured Parties in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing accountSECTION 5.10 or SECTION 5.11, as applicable. The Collateral Agent shall have no duty to place funds held and invested pursuant to this Section 5.9 SECTION 5.12 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9SECTION 5.12.

Appears in 1 contract

Samples: Intercreditor Agreement (Resortquest International Inc)

Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of this Agreement or any of the Security Documents or otherwiseCollateral Documents, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Prior to making such investment or to the extent it is not feasible to invest such funds in Cash Equivalent Investments, the Collateral Agent shall hold any such funds in an interest bearing account. Any interest earned on such funds shall be disbursed to the Creditors Secured Parties in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing accountss.6.10 or ss.6.11, as applicable. The Collateral Agent shall have no duty to place funds held and invested pursuant to this Section 5.9 ss.6.12 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9ss.6.12.

Appears in 1 contract

Samples: Note Purchase Agreement (Chalone Wine Group LTD)

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Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of any of the Shared Collateral Security Documents or otherwise, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Any interest earned on such funds shall be deposited into the Shared Collateral Account and disbursed to the Creditors Trustee and the Credit Agent in accordance with Section 5.8this Agreement. The Collateral Agent may hold any such funds in a common interest bearing account. The Collateral Agent shall have no duty to place funds held pursuant to this Section 5.9 5.8 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.95.8.

Appears in 1 contract

Samples: Intercreditor Agreement (Sweetheart Holdings Inc \De\)

Authorized Investments. Any and all funds held by the Collateral Agent in its capacity as Collateral Agent, whether pursuant to any provision of this Agreement or any of the Security Documents or otherwiseCollateral Documents, shall to the extent feasible within a reasonable time be invested by the Collateral Agent in Cash Equivalent Investments. Prior to making such investment or to the extent it is not feasible to invest such funds in Cash Equivalent Investments, the Collateral Agent shall hold any such funds in an interest bearing account. Any interest earned on such funds shall be disbursed to the Creditors Secured Parties in accordance with Section 5.8. The Collateral Agent may hold any such funds in a common interest bearing account(S)6.10 or (S)6.11, as applicable. The Collateral Agent shall have no duty to place funds held and invested pursuant to this Section 5.9 (S)6.12 in investments which provide a maximum return; provided, however, that the Collateral Agent shall to the extent feasible invest funds in Cash Equivalent Investments with reasonable promptness. In the absence of gross negligence or willful misconduct, the The Collateral Agent shall not be responsible for any loss of any funds invested in accordance with this Section 5.9(S)6.12.

Appears in 1 contract

Samples: Agency Agreement (Trex Co Inc)

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