Common use of Investment of Amounts Held by Indenture Trustee Clause in Contracts

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys monies for security pursuant to Section 21(h22(a) of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by Lessee so long as the Owner Indenture Trustee or, in may acquire the event the Owner Trustee shall so specify, by the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys monies for security pursuant to Section 21(h) 21 of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by Lessee so long as the Owner Indenture Trustee or, in may acquire the event the Owner Trustee shall so specify, by the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys monies for security pursuant to Section 21(h22(a) of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by the Owner Trustee or, in the event case of amounts held pursuant to the Owner proviso to the first sentence of Section 3.01 and otherwise by Lessee so long as the Indenture Trustee shall so specify, by may acquire the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture. Any investment permitted under Section 22(a) of the Lease or hereunder may be made through or with, as applicable, the entity acting as Indenture Trustee or its Affiliates.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of or the Owner Trustee's rights to hold moneys for security Securities Intermediary pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence3.02, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, 3.03 or 3.07 or pursuant to any provision of any other Operative Document Agreement providing for amounts to be held by the Indenture Trustee or the Securities Intermediary which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee or the Securities Intermediary, as applicable, from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by the Owner so long as the Indenture Trustee oror the Securities Intermediary, as applicable, may acquire the same using its best efforts. All Cash Equivalents held by the Indenture Trustee or the Securities Intermediary pursuant to this Section 6.06 shall either be (a) registered in the event name of, payable to the Owner Trustee shall so specifyorder of, by or specially endorsed to, the LesseeIndenture Trustee, or (b) held in an Eligible Account. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's ’s and the Securities Intermediary’s reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee or the Securities Intermediary, as applicable, in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Neither the Indenture Trustee nor the Securities Intermediary shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligencenegligence or negligence in the handling of funds, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee or the Securities Intermediary, as applicable, without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys monies for security pursuant to Section 21(h) 21 of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee and the Owner Trustee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by Lessee so long as the Owner Indenture Trustee or, in may acquire the event the Owner Trustee shall so specify, by the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such SectionSection ; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such SectionSection . Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any ----------------------------------------------- amounts held by the Indenture Trustee pursuant to the proviso to clause provisos set forth in clauses "second" or "third" of Section 3.01 hereof3.01(a), pursuant to Section 3.02 hereof3.02, ------ ----- pursuant to the second sentence of Section 3.04(c) hereof, pursuant proviso to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document Agreement providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Permitted Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, as selected by the Lessee; provided that if a Lease Event of Default shall have occurred and be continuing, -------- as selected by the Indenture Trustee. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.. Trust Indenture

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.. Trust Indenture 55 - 50 -

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts Amounts held by the Indenture Trustee pursuant to the proviso Section 5.02(b) hereof or otherwise to clause "second" of Section 3.01 hereof, be invested pursuant to this Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities selected by (i) so long as no Indenture Event of Default shall have occurred and be continuing, the Company (and in writing in a timely manner the absence of written direction by the Owner Trustee orCompany, in the event the Owner Indenture Trustee shall invest such monies in direct obligations of the United States of America) or (ii) so specifylong as an Indenture Event of Default shall have occurred and be continuing, by the LesseeIndenture Trustee and in each case shall be of 34- the type meeting the criteria for Permitted Investments. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Company shall be responsible for and will promptly pay to the Indenture Trustee, on demand, the amount of any loss realized as the result of any such investment (together with any fees, commissions and other costs and expenses, if any, incurred by the Indenture Trustee in connection with such investment), such amount to be disposed of in accordance with the terms hereof. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it or any investment sold by it under this Indenture in accordance with instructions from the Company other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise confirmed in writing, an account statement delivered by the Indenture Trustee to the Company shall be deemed written confirmation by the Company that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by the Company unless the Company notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's Trustee s rights to hold moneys monies for security pursuant to Section 21(h22(a) of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by Lessee so long as the Owner Indenture Trustee or, in may acquire the event the Owner Trustee shall so specify, by the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts Amounts ----------------------------------------------- held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 5.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, 5.02 hereof or pursuant to any provision of any other Operative Indenture Document providing for amounts to be held by the Indenture Trustee which are not distributed investment of sums pursuant to the other provisions of Article III hereof this Section 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities (i) selected in writing in by the Lessee on behalf of the Owner Trustee, or if a timely manner Lease Event of Default is continuing, by the Owner Trustee or, in and if the event Lessee or the Owner Trustee shall so specifyTrustee, as the case may be, fail to select the securities to be invested, by the LesseeIndenture Trustee and (ii) of the type listed in Section 24 of the Lease, which may include securities or obligations issued by the Indenture Trustee or any of its affiliates. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture in accordance with instructions from the Lessee or the Owner Trustee, as the case may be, other than by reason of its willful misconduct or gross negligence, in which case the Indenture Trustee will be liable in its individual capacity only, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise stated in writing as set forth below, an account statement delivered by the Indenture Trustee to the Owner Trustee (with a copy to the Lessee) shall be deemed written confirmation by the Owner Trustee that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by or on behalf of the Owner Trustee, unless the Owner Trustee (or the Lessee on its behalf) notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts Amounts ----------------------------------------------- held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c5.02(b) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, hereof or pursuant to any provision of any other Operative Indenture Document providing for amounts to be held investment by the Indenture Trustee which are not distributed of sums pursuant to Section 15 of the other provisions of Article III hereof Lease or this Section 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities selected in writing in a timely manner by (i) so long as no Event of Default shall have occurred and be continuing, the Owner Trustee or, Lessee (and in the event the Owner Trustee shall so specify, absence of written direction by the Lessee, the Indenture Trustee shall invest such monies in direct obligations of the United States of America) or (ii) so long as an Event of Default shall have occurred and be continuing, the Indenture Trustee and in each case shall be of the type meeting the criteria for Permitted Investments. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Lessee shall be responsible for and will promptly pay to the Indenture Trustee or the Owner Trustee, as the case may be, on demand, the amount of any loss realized as the result of any such investment (together with any fees, commissions and other costs and expenses, if any, incurred by the Indenture Trustee or the Owner Trustee in connection with such investment), such amount to be disposed of in accordance with the terms hereof or the Lease, as the case may be. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it or any investment sold by it under this Indenture in accordance with instructions from the Lessee other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise confirmed in writing, an account statement delivered by the Indenture Trustee to the Owner Trustee (with a copy to the Lessee) shall be deemed written confirmation by the Owner Trustee that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by or on behalf of the Lessee, unless the Lessee notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trust Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any ------------------------------------------------ amounts held by the Indenture Trustee pursuant to the proviso to clause provisos set forth in clauses "second" or "third" of Section 3.01 hereof3.01(a), pursuant to Section 3.02 hereof3.02, ------ ----- pursuant to the second sentence of Section 3.04(c) hereof, pursuant proviso to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document Agreement providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Permitted Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, as selected by the Lessee; provided that if a Lease Event of Default shall have occurred and be continuing, -------- as selected by the Indenture Trustee. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such SectionSection ; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such SectionSection . Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys monies for security pursuant to Section 21(h22(a) of the Lease shall be held in accordance with the terms of such Section; Section and the Indenture Trustee hereby agrees agrees, for the benefit of Lessee, to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any Any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" the first sentence of Section 3.01 hereof3.01, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment3.02, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner Cash Equivalents as directed by the Owner Trustee or, in the event case of amounts held pursuant to the Owner proviso to the first sentence of Section 3.01 and otherwise by Lessee so long as the Indenture Trustee shall so specify, by may acquire the Lesseesame using its best efforts. Unless otherwise expressly provided in this Indenture or the LeaseTrust Indenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Trust Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Trust Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof shall be invested by the Indenture Trustee from time to time in Specified Investments selected in writing in a timely manner by the Owner Trustee or, in the event the Owner Trustee shall so specify, by the Lessee. Unless otherwise expressly provided in this Indenture or the Lease, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expenses, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it under this Indenture other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trust Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture.

Investment of Amounts Held by Indenture Trustee. Any amounts Amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts held ----------------------------------------------- by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c5.02(b) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, hereof or pursuant to any provision of any other Operative Indenture Document providing for amounts to be held investment by the Indenture Trustee which are not distributed of sums pursuant to Section 15 of the other provisions of Article III hereof Lease or this Section 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities selected in writing in a timely manner by (i) so long as no Event of Default shall have occurred and be continuing, the Owner Trustee or, Lessee (and in the event the Owner Trustee shall so specify, absence of written direction by the Lessee, the Indenture Trustee shall invest such monies in direct obligations of the United States of America) or (ii) so long as an Event of Default shall have occurred and be continuing, the Indenture Trustee and in each case shall be of the type meeting the criteria for Permitted Investments. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Lessee shall be responsible for and will promptly pay to the Indenture Trustee or the Owner Trustee, as the case may be, on demand, the amount of any loss realized as the result of any such investment (together with any fees, commissions and other costs and expenses, if any, incurred by the Indenture Trustee or the Owner Trustee in connection with such investment), such amount to be disposed of in accordance with the terms hereof or the Lease, as the case may be. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it or any investment sold by it under this Indenture in accordance with instructions from the Lessee other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise confirmed in writing, an account statement delivered by the Indenture Trustee to the Owner Trustee (with a copy to the Lessee) shall be deemed written confirmation by the Owner Trustee that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by or on behalf of the Lessee, unless the Lessee notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts Amounts held by the Indenture Trustee pursuant to the proviso to clause "second" of Section 3.01 hereof, pursuant to Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c5.02(b) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, hereof or pursuant to any provision of any other Operative Indenture Document providing for amounts to be held investment by the Indenture Trustee which are not distributed of sums pursuant to Section 15 of the other provisions of Article III hereof Lease or this Section 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities selected in writing in a timely manner by (i) so long as no Event of Default shall have occurred and be continuing, the Owner Trustee or, Lessee (and in the event the Owner Trustee shall so specify, absence of written direction by the Lessee, the Indenture Trustee shall invest such monies in direct obligations of the United States of America) or (ii) so long as an Event of Default shall have occurred and be continuing, the Indenture Trustee and in each case shall be of the type meeting the criteria for Permitted Investments. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Lessee shall be responsible for and will promptly pay to the Indenture Trustee or the Owner Trustee, as the case may be, on demand, the amount of any loss realized as the result of any such investment (together with any fees, commissions and other costs and expenses, if any, incurred by the Indenture Trustee or the Owner Trustee in connection with such investment), such amount to be disposed of in accordance with the terms hereof or the Lease, as the case may be. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it or any investment sold by it under this Indenture in accordance with instructions from the Lessee other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise confirmed in writing, an account statement delivered by the Indenture Trustee to the Owner Trustee (with a copy to the Lessee) shall be deemed written confirmation by the Owner Trustee that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by or on behalf of the Lessee, unless the Lessee notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.

Investment of Amounts Held by Indenture Trustee. Any amounts held by the Indenture Trustee as assignee of the Owner Trustee's rights to hold moneys for security pursuant to Section 21(h) of the Lease shall be held in accordance with the terms of such Section; and the Indenture Trustee hereby agrees to perform the duties of the Owner Trustee under such Section. Except as provided in the preceding sentence, any amounts Amounts held by the Indenture Trustee pursuant to the proviso Section 5.02(b) hereof or otherwise to clause "second" of Section 3.01 hereof, be invested pursuant to this Section 3.02 hereof, pursuant to the second sentence of Section 3.04(c) hereof, pursuant to the fourth sentence of Section 4.03 hereof, pursuant to a Sublease Assignment, or pursuant to any provision of any other Operative Document providing for amounts to be held by the Indenture Trustee which are not distributed pursuant to the other provisions of Article III hereof 5.08 shall be invested by the Indenture Trustee from time to time in Specified Investments securities selected by (i) so long as no Indenture Event of Default shall have occurred and be continuing, the Company (and in writing in a timely manner the absence of written direction by the Owner Trustee orCompany, in the event the Owner Indenture Trustee shall invest such monies in direct obligations of the United States of America) or (ii) so specifylong as an Indenture Event of Default shall have occurred and be continuing, by the LesseeIndenture Trustee and in each case shall be of the type meeting the criteria for Permitted Investments. Unless otherwise expressly provided in this Indenture or the LeaseIndenture, any income realized as a result of any such investment and any payments by or on behalf of the Lessee pursuant to the Lease in respect of any losses or expensesinvestment, net of the Indenture Trustee's reasonable fees and expenses in making such investment, shall be held and applied by the Indenture Trustee in the same manner as the principal amount of such investment is to be applied and any losses, net of earnings and such reasonable fees and expenses, shall be charged against the principal amount invested. The Company shall be responsible for and will promptly pay to the Indenture Trustee, on demand, the amount of any loss realized as the result of any such investment (together with any fees, commissions and other costs and expenses, if any, incurred by the Indenture Trustee in connection with such investment), such amount to be disposed of in accordance with the terms hereof. The Indenture Trustee shall not be liable for any loss resulting from any investment required to be made by it or any investment sold by it under this Indenture in accordance with instructions from the Company other than by reason of its willful misconduct or gross negligence, and any such investment may be sold (without regard to its maturity) by the Indenture Trustee without instructions whenever the Indenture Trustee reasonably believes such sale is necessary to make a distribution required by this Indenture. Unless otherwise confirmed in writing, an account statement delivered by the Indenture Trustee to the Company shall be deemed written confirmation by the Company that the investment transactions identified therein accurately reflect the investment directions given to the Indenture Trustee by the Company unless the Company notifies the Indenture Trustee in writing to the contrary within 30 days of the date of receipt of such statement.