Common use of INVESTMENT ACCOUNT AND CUSTODIAN ACCOUNT Clause in Contracts

INVESTMENT ACCOUNT AND CUSTODIAN ACCOUNT. (a) Prior to the occurrence of a Trigger Event, the Borrower shall hold at all times Cash and Cash Equivalents, which are not subject to any Lien (other than General Tax Liens) or claim of any Person, in an amount not less than the sum of (i) Ten Million Dollars ($10,000,000) plus (ii) restricted cash and amounts which may be restricted in the future pursuant to agreements between the Borrower and third parties, in a custodial account (the "Investment Account") with an institution approved by the Bank (such institution being referred to herein as the "Account Holder"). The initial Account Holder will be Union Bank of California, N.A. The amounts held in the Investment Account shall be subject to the investment control of the Borrower. The Custodian in respect of the Investment Account cannot be changed or a new Investment Account opened without the Bank's prior written approval, which approval shall not be unreasonably withheld. The Borrower shall deliver to the Account Holder the Irrevocable Instructions and Power of Attorney in the form of Exhibit 2.6.B (the "Irrevocable Instructions and Power of Attorney).

INVESTMENT ACCOUNT AND CUSTODIAN ACCOUNT. (a) Prior to the occurrence of a Trigger Event, the Borrower shall hold at all times a minimum balance consisting of Cash and Cash Equivalents, which are not subject to any Lien (other than General Tax Liens) or claim of any Person, in an amount not less than the sum of (i) Ten Million Dollars ($10,000,000) the outstanding principal balance of the Loan plus the Interest Reserve plus (ii) restricted cash (if any) and amounts which may be restricted in the future pursuant to agreements between the Borrower and third parties, in a custodial an investment account (the "Investment Account") with an institution approved by the Bank Agent (such institution being referred to herein as the "Account Holder"). The initial Account Holder will be Union Bank of CaliforniaXxxxx Xxxxxx, N.A. Inc. The amounts held in the Investment Account shall be subject to the investment control of the Borrower. The Custodian Account Holder in respect of the Investment Account cannot be changed or a new Investment Account opened without the BankAgent's prior written approval, which approval shall not be unreasonably withheld. The Borrower shall deliver to the Account Holder the Irrevocable Instructions and Power of Attorney in the form of Exhibit 2.6.B EXHIBIT 2.6.a (the "Irrevocable Instructions and Power of Attorney").

INVESTMENT ACCOUNT AND CUSTODIAN ACCOUNT. (a) Prior to the occurrence of a Trigger Event, the Borrower shall hold at all times Cash and Cash Equivalents, which are not subject to any Lien (other than General Tax Liens) or claim of any Person, in an amount not less than the sum of (i) Ten Million Dollars ($10,000,000) the then outstanding principal balance of the Loan plus (ii) the Interest Reserve plus (iii) restricted cash and amounts which may be restricted in the future pursuant to agreements between the Borrower and third parties, in a custodial an investment account (the "Investment Account") with an institution approved by the Bank (such institution being referred to herein as the "Account Holder"). The initial Account Holder will be Union Bank of CaliforniaWellx Xxxgo Bank, N.A. The amounts held in the Investment Account shall be subject to the investment control of the Borrower. The Custodian Account Holder in respect of the Investment Account cannot be changed or a new Investment Account opened without the Bank's prior written approval, which approval shall not be unreasonably withheld. The Borrower shall deliver to the Account Holder the Irrevocable Instructions and Power of Attorney in the form of Exhibit 2.6.B (the "Irrevocable Instructions and Power of Attorney).