Common use of INVESTMENT OF AMOUNTS HELD BY LEASE INDENTURE TRUSTEE Clause in Contracts

INVESTMENT OF AMOUNTS HELD BY LEASE INDENTURE TRUSTEE. Any amounts held by the Security Agent pursuant to the proviso to clause "SECOND" of Section 3.1 hereof, pursuant to Section 3.2 or Section 3.3 hereof, or pursuant to Section 10 or 11 of the Facility Lease shall be invested by the Security Agent from time to time in Permitted Investments identified in written instructions to the Security Agent from the Owner Lessor, at the expense of the Owner Lessor, if such investments are reasonably available. Unless otherwise expressly provided in this Lease Indenture, any income realized as a result of any such investment, net of the Security Agent's reasonable fees and expenses in making such investment, shall be held and applied by the Security Agent 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 Security Agent shall not be liable for any loss resulting from any investment required to be made by it under this Lease Indenture other than by reason of its willful misconduct or gross negligence as determined by a court of competent jurisdiction in receiving, handling or disbursing funds, and any such investment may be sold (without regard to its maturity) by the Security Agent without instructions whenever it reasonably believes such sale is necessary to make a distribution required by this Lease Indenture.

INVESTMENT OF AMOUNTS HELD BY LEASE INDENTURE TRUSTEE. Any amounts held by the Security Agent pursuant to the proviso to clause "SECONDsecond" of Section 3.1 hereof, pursuant to Section 3.2 or Section 3.3 hereof, or pursuant to Section 10 or 11 of the Facility Lease shall be invested by the Security Agent from time to time in Permitted Investments identified in written instructions to the Security Agent from the Owner Lessor, at the expense of the Owner Lessor, if such investments are reasonably available. Unless otherwise expressly provided in this Lease Indenture, any income realized as a result of any such investment, net of the Security Agent's reasonable fees and expenses in making such investment, shall be held and applied by the Security Agent 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 Security Agent shall not be liable for any loss resulting from any investment required to be made by it under this Lease Indenture other than by reason of its willful misconduct or gross negligence as determined by a court of competent jurisdiction in receiving, handling or disbursing funds, and any such investment may be sold (without regard to its maturity) by the Security Agent without instructions whenever it reasonably believes such sale is necessary to make a distribution required by this Lease Indenture.