Common use of Directing the Making of Investments Clause in Contracts

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company (a) as directed by the Company, so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Agreement has occurred and is continuing or after Collateral Agent has notified Depositary that any such Event of Default no longer exists, and (b) as directed by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, to act on such notice), until such time, if ever, as Collateral Agent notifies Depositary that any such Event of Default no longer exists; provided, however, that, if the Company fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisor, or other service provider, such as provider of shareholder servicing and distribution services, and such compensation is both described in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary shall have no liability for any loss resulting from any such investment other than any such loss caused solely by Depositary’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary Agent at the expense and risk of the Company Borrower (a) as directed by the CompanyBorrower, (i) so long as Collateral Agent Lender has not notified a Responsible Officer of Depositary Agent that an “Event of Default” under the Note Purchase Credit Agreement has occurred and is continuing and that Lender intends to direct the making of investments or (ii) after Collateral Agent Lender has notified Depositary Agent that any such Event of Default no longer exists, and (b) as directed by Collateral Agentin [specify money market account], if Collateral Agent Lender has notified a Responsible Officer of Depositary Agent that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, that it is electing to have such funds invested in any event not to exceed three Business Days, to act on such notice)[money market account], until such time, if ever, as Collateral Agent Lender notifies Depositary Agent that any such Event of Default no longer exists; provided, however, that, if the Company fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisor, or other service provider, such as provider of shareholder servicing and distribution services, and such compensation is both described in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. DepositaryAgent’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company Agent of a valid Form W-9 of the Internal Revenue Service of the United States from Borrower in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary Agent to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary Agent to reinvest the proceeds thereof, plus any interest received by Depositary Agent thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary Agent shall have no liability for any loss resulting from any such investment other than any such loss caused solely by DepositaryDepositary Agent’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company (a) as directed by the Company, so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Agreement has occurred and is continuing or after Collateral Agent has notified Depositary that any such Event of Default no longer exists, and (b) as directed by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three 3 Business Days, to act on such notice), until such time, if ever, as Collateral Agent notifies Depositary that any such Event of Default no longer exists; provided, however, that, if the Company fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides may serve as investment advice advisor or other servicesservice provider. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisor, or other service provider, such as provider of shareholder servicing and distribution services, and such compensation is both described in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary shall have no liability for any loss resulting from any such investment other than any such loss caused solely by Depositary’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).[***] Confidential Treatment Requested

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company Borrower (a) as directed by the CompanyBorrower, so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Credit Agreement has occurred and is continuing or after Collateral Agent has notified Depositary that any such Event of Default no longer exists, and (b) as directed by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, to act on such notice), until such time, if ever, as Collateral Agent notifies Depositary that any such Event of Default no longer exists; provided, however, that, if the Company Borrower fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on a.m.on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, will remain uninvested until such time as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisorBorrower, or other service providerCollateral Agent if there exists an Event of Default, directs Depositary to invest such as provider of shareholder servicing and distribution services, and such compensation is both described amounts in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunderPermitted Investments. Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary shall have no liability for any loss resulting from any such investment other than any such loss caused solely by Depositary’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).

Directing the Making of Investments. Any Pending the application of funds in accordance with Section 5.2(a), any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company Borrower (a) as directed in writing by the CompanyBorrower, (i) so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Agreement Default has occurred and is continuing in accordance with Section 2.2(b) or (ii) after Collateral Agent has notified delivered a written notice to Depositary that any such Event of Default no longer exists, (which notice Collateral Agent shall promptly deliver following the cure of such Event of Default), and (b) as directed in writing by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, to act on such notice), until such time, if ever, time as Collateral Agent notifies Depositary that any such Event of Default no longer exists, which notice Collateral Agent shall promptly deliver following the cure of such Event of Default); provided, however, that, if the Company Borrower fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any the Dreyfus Treasury Prime Cash Management Fund #674 or, if such fund does not then exist, in one or more short-term market instruments including, but not limited to, marketable obligations issued or guaranteed by the U.S. Government, its agencies or instrumentalities, bank instruments, corporate debt securities issued by U.S. or foreign companies, commercial paper, demand instruments, adjustable rate obligations, asset- backed securities, restricted securities, fully collateralized repurchase agreements or money market mutual funds that are registered with subject to the Securities and Exchange Commission under requirements of the Investment Company Act of 1940, as amended, and operated invested in accordance with Rule 2a-7 and that at any one or more of the time aforementioned types of such investment instruments, in each case which are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not either (i) insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisorFederal Deposit Insurance Corporation, or other service provider(ii) held in banks (including any Lender) and savings and loan associations, such as provider of shareholder servicing having general obligations rated at least “AA” or equivalent by S&P or Xxxxx’x, or if not so rated, secured at all times, in the manner and distribution servicesto the extent provided by law, and such compensation is both by collateral security described in detail in clauses (a) or (b) of the prospectus for definition of Permitted Investments, of a market value of no less than the fundamount of moneys so invested; provided, and is in addition to the compensationfurther, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. that Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.32.3.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary No Secured Party shall have no any liability for any loss resulting from any such investment other than any such loss caused solely by Depositarysuch Secured Party’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company Borrower (a) as directed by the CompanyBorrower, so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Credit Agreement has occurred and is continuing or after Collateral Agent has notified Depositary that any such Event of Default no longer exists, and (b) as directed by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, to act on such notice), until such time, if ever, as Collateral Agent notifies Depositary that any such Event of Default no longer exists; provided, however, that, if the Company Borrower fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. [***] on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, will remain uninvested until such time as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisorBorrower, or other service providerCollateral Agent if there exists an Event of Default, directs Depositary to invest such as provider of shareholder servicing and distribution services, and such compensation is both described amounts in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunderPermitted Investments. Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary shall have no liability for any loss resulting from any such investment other than any such loss caused solely by Depositary’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).

Directing the Making of Investments. Any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company (a) as directed by the Company, so long as Collateral Agent has not notified Depositary that an “Event of Default” under the Note Purchase Agreement has occurred and is continuing or after Collateral Agent has notified Depositary that any such Event of Default no longer exists, and (b) as directed by Collateral Agent, if Collateral Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, [***] to act on such notice), until such time, if ever, as Collateral Agent notifies Depositary that any such Event of Default no longer exists; provided, however, that, if the Company fails to so direct Depositary, or if there exists an Event of Default and Collateral Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates[***], amounts in respect of such terminating Permitted Investment shall be reinvested in any money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended, and operated in accordance with Rule 2a-7 and that at the time of such investment are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides may serve as investment advice advisor or other servicesservice provider. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisor, or other service provider, such as provider of shareholder servicing and distribution services, and such compensation is both described in detail in the prospectus for the fund, and is in addition to the compensation, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary shall have no liability for any loss resulting from any such investment other than any such loss caused solely by Depositary’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).[***] Confidential Treatment Requested

Directing the Making of Investments. Any Pending the application of funds in accordance with Section 5.2(a), any cash held in the Accounts maintained hereunder shall be invested and reinvested in Permitted Investments from time to time by Depositary at the expense and risk of the Company Borrower (a) as directed in writing by the CompanyBorrower, (i) so long as Collateral Administrative Agent has not notified Depositary that an “Event of Default” under the Note Purchase Agreement Default has occurred and is continuing or (ii) after Collateral Administrative Agent has notified delivered a written notice to Depositary that any such Event of Default no longer exists, (which notice Administrative Agent shall promptly deliver following the cure of such Event of Default), and (b) as directed in writing by Collateral Administrative Agent, if Collateral Administrative Agent has notified Depositary that an Event of Default has occurred and is continuing (and Depositary has had reasonable time, in any event not to exceed three Business Days, to act on such notice), until such time, if ever, as Collateral Administrative Agent notifies Depositary that any such Event of Default no longer exists, which notice Administrative Agent shall promptly deliver following the cure of such Event of Default); provided, however, that, if the Company Borrower fails to so direct Depositary, or if there exists an Event of Default and Collateral Administrative Agent fails to so direct Depositary, by 11:00 a.m. on the date on which the term of any Permitted Investment terminates, amounts in respect of such terminating Permitted Investment shall be reinvested in any one or more short-term market instruments including, but not limited to, marketable obligations issued or guaranteed by the U.S. Government, its agencies or instrumentalities, bank instruments, corporate debt securities issued by U.S. or foreign companies, commercial paper, demand instruments, adjustable rate obligations, asset- backed securities, restricted securities, fully collateralized repurchase agreements or money market mutual funds that are registered with subject to the Securities and Exchange Commission under requirements of the Investment Company Act of 1940, as amended, and operated invested in accordance with Rule 2a-7 and that at any one or more of the time aforementioned types of such investment instruments, in each case which are rated Aaa by Moody’s and/or AAAm by S&P, including such funds for which Depositary or any Affiliate of Depositary provides investment advice or other services. The other parties hereto acknowledge that shares in this mutual fund are not obligations of Deutsche Bank Trust Company Americas or any of its Affiliates, are not deposits and are not either (i) insured by the FDIC. Depositary or its Affiliate may be compensated by the mutual fund for services rendered in its capacity as investment advisorFederal Deposit Insurance Corporation, or other service provider(ii) held in banks (including any Lender) and savings and loan associations, such as provider of shareholder servicing having general obligations rated at least “AA” or equivalent by S&P or Xxxxx’x, or if not so rated, secured at all times, in the manner and distribution servicesto the extent provided by law, and such compensation is both by collateral security described in detail in clauses (a) or (b) of the prospectus for definition of Permitted Investments, of a market value of no less than the fundamount of moneys so invested; provided, and is in addition to the compensationfurther, if any, paid to Deutsche Bank Trust Company Americas in its capacity as Depositary hereunder. that Depositary’s obligation to invest such amounts is conditioned upon receipt by Depositary from the Company of a valid Form W-9 of the Internal Revenue Service of the United States in accordance with Section 2.2.32.3.3. The right to direct the manner of investment includes, but is not limited to, the right (i) to direct Depositary to sell any Permitted Investment or hold it until maturity and (ii) upon any sale at maturity of any Permitted Investment, to direct Depositary to reinvest the proceeds thereof, plus any interest received by Depositary thereon, in Permitted Investments or to hold such proceeds and interest for application pursuant to the terms of this Agreement. Depositary No Secured Party shall have no any liability for any loss resulting from any such investment other than any such loss caused solely by Depositarysuch Secured Party’s willful misconduct or gross negligence. [***] Confidential Treatment Requested Except as otherwise provided in this Section 2.2, any balances in the Accounts shall remain uninvested. The Depositary shall have no obligation to invest or reinvest any balances if deposited with the Depositary after 11:00 a.m. (E.S.T.) on such day of deposit. Instructions received after 11:00 a.m.(E.S.T.) will be treated as if received on the following business day (if applicable).