Common use of Investment Accounts Clause in Contracts

Investment Accounts. The Borrower may from time to time establish one or more Investment Accounts with the Agent, any Lender or any Affiliate of a Lender, for the purpose of investing in Cash Equivalents any cash collateral. The Borrower hereby acknowledges and agrees that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Agent, a Lender or Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Agent shall otherwise instruct the Agent, Lender or Affiliate of a Lender maintaining such account, the Borrower shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees that it will not at any time (i) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (ii) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees that at any time, and from time to time, at the expense of the Borrower, the Borrower will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the Borrower, for its benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.

Investment Accounts. The Borrower Borrowers may from time to time establish one or more Investment Accounts with the Agent, any Lender or any Affiliate of a Lender, for the purpose of investing in Cash Equivalents any cash collateralCash Collateral representing payments received pursuant to SECTION 2.3(c) in excess of then outstanding Loans or on account of Eurodollar Rate Loans which would otherwise result in repayment of such Loans prior to the end of the Interest Period applicable thereto. The Borrower Borrowers hereby acknowledges acknowledge and agrees agree that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Agent, a Lender or Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Agent shall otherwise instruct the Agent, Lender or the Affiliate of a Lender maintaining such account, the Borrower Borrowers shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees Borrowers agree that it they will not at any time (ix) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (iiy) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees Borrowers agree that at any time, and from time to time, at the expense of the BorrowerBorrowers, the Borrower Borrowers will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the BorrowerBorrowers, for its their respective benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.

Investment Accounts. The Borrower Borrowers may from time to time establish one or more Investment Accounts with the Administrative Agent, any Lender or any Affiliate of a Lender, for the purpose of investing in Cash Equivalents any cash collateralCash Collateral representing payments received pursuant to Section 2.3(c) in excess of then outstanding Loans or on account of LIBOR Loans which would otherwise result in repayment of such Loans prior to the end of the Interest Period applicable thereto. The Borrower Borrowers hereby acknowledges acknowledge and agrees agree that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Administrative Agent, a Lender or Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Administrative Agent shall otherwise instruct the Agent, Lender or the Affiliate of a Lender maintaining such account, the Borrower Borrowers shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees Borrowers agree that it they will not at any time (ix) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (iiy) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees Borrowers agree that at any time, and from time to time, at the expense of the BorrowerBorrowers, the Borrower Borrowers will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Administrative Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the BorrowerBorrowers, for its their respective benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.

Investment Accounts. The Borrower Borrowers may from time to time establish one or more Investment Accounts with the Administrative Agent, any Lender or any Affiliate of a Lender, for the purpose of investing solely in cash or Cash Equivalents any cash collateralCash Collateral representing payments received pursuant to SECTION 2.3(b), 5.11 or 9.1 in excess of then outstanding Revolving Credit Loans or on account of LIBOR Loans which would otherwise result in repayment of such Loans prior to the end of the Interest Period applicable thereto. The Borrower Borrowers hereby acknowledges acknowledge and agrees agree that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Administrative Agent, a Lender or an Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Administrative Agent shall otherwise instruct the Agent, Lender or Affiliate of a Lender maintaining such account, the Borrower Borrowers shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees Borrowers shall be liable for and shall pay any and all income taxes, transaction expenses, capital gains taxes, and other amounts payable in respect of the maintenance of such accounts or on investment returns therein. The Borrowers agree that it they will not at any time (ix) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (iiy) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees Borrowers agree that at any time, and from time to time, at the expense of the BorrowerBorrowers, the Borrower Borrowers will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Administrative Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the BorrowerAdministrative Agent, for its benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.

Investment Accounts. The Borrower Borrowers may from time to time establish one or more Investment Accounts with the Agent, any Lender or any Affiliate of a Lender, for the purpose of investing in Cash Equivalents any cash collateralCash Collateral representing payments received pursuant to SECTION 2.3(C) and SECTION 5.9 in excess of then outstanding Revolving Credit Loans or on account of Eurodollar Rate Loans which would otherwise result in repayment of such Loans prior to the end of the Interest Period applicable thereto. The Borrower Borrowers hereby acknowledges acknowledge and agrees agree that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Agent, a Lender or Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Agent shall otherwise instruct the Agent, Lender or Affiliate of a Lender maintaining such account, the Borrower Borrowers shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees Borrowers agree that it they will not at any time (ix) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (iiy) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees Borrowers agree that at any time, and from time to time, at the expense of the BorrowerBorrowers, the Borrower Borrowers will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the BorrowerBorrowers, for its their respective benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.

Investment Accounts. The Borrower Borrowers may from time to time establish one or more Investment Accounts with the Administrative Agent, any Lender or any Affiliate of a Lender, for the purpose of investing in Cash Equivalents any cash collateralCash Collateral representing payments received pursuant to SECTION 2.3(C) in excess of then outstanding Loans or on account of Eurodollar Rate Loans which would otherwise result in repayment of such Loans prior to the end of the Interest Period applicable thereto. On the last day of the applicable Interest Period as to any such amounts deposited to an Investment Account or at any time an Event of Default exists, the Borrowers hereby authorize the Administrative Agent to use the monies deposited in the Investment Accounts to make payment to the Loans and the other Secured Obligations. The Borrower Borrowers hereby acknowledges acknowledge and agrees agree that each such Investment Account shall constitute Collateral hereunder and shall be maintained with the Administrative Agent, a Lender or Affiliate of a Lender as security for the Secured Obligations. Notwithstanding the foregoing, until such time as the Administrative Agent shall otherwise instruct the Agent, Lender or the Affiliate of a Lender maintaining such account, the Borrower Borrowers shall be entitled to direct the investment of the funds deposited therein. The Borrower agrees Borrowers agree that it they will not at any time (ix) sell or otherwise dispose of any interest in any Investment Account or any funds held therein other than by application thereof to any Secured Obligation, or (iiy) create or permit to exist any Lien upon or with respect to any Investment Account or any funds held therein, except as provided in or contemplated by this Agreement. The Borrower agrees Borrowers agree that at any time, and from time to time, at the expense of the BorrowerBorrowers, the Borrower Borrowers will promptly execute and deliver all further instruments and documents, and take all further action, that may be necessary or desirable, or that the Administrative Agent or any Lender may request, in order to perfect and protect any security interest in any Investment Account granted or purported to be granted hereby or to enable the BorrowerBorrowers, for its their respective benefit and the benefit of the Lenders, to exercise and enforce its rights and remedies hereunder with respect to such Investment Account.