Common use of Investment of Balance in Collateral Account Clause in Contracts

Investment of Balance in Collateral Account. Amounts on deposit in the Collateral Account shall be invested from time to time in such Permitted Investments constituting Investment Property as the Company (or, after the occurrence and during the continuance of an Event of Default, the Agent) shall determine, which Permitted Investments shall be held in the name and be under the control of the Agent, PROVIDED that (i) at any time after the occurrence and during the continuance of an Event of Default, the Agent may (and, if instructed by the Lenders as specified in Section 11.03 of the Credit Agreement, shall) in its (or their) discretion at any time and from time to time elect to liquidate any such Permitted Investments and to apply or cause to be applied the proceeds thereof to the payment of the Secured Obligations in the manner specified in Section 5.09 hereof and (ii) if requested by the Company, such Permitted Investments may be held in the name and under the control of one or more of the Lenders (and in that connection each Lender, pursuant to Section 11.10 of the Credit Agreement, has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Agent hereunder).

Investment of Balance in Collateral Account. Amounts on deposit in the Collateral Account shall be invested from time to time in such Permitted Investments constituting Investment Property as the Company (or, after the occurrence and during the continuance of an Event of a Default, the Agent) shall determine, which Permitted Investments shall be held in the name and be under the control of the Agent, PROVIDED provided that (i) at any time after the occurrence and during the continuance of an Event of Default, the Agent may (and, if instructed by the Revolving Credit Lenders as specified in Section 11.03 10.03 of the Credit Agreement, shall) in its (or their) discretion at any time and from time to time elect to liquidate any such Permitted Investments and to apply or cause to be applied the proceeds thereof to the payment of the Revolving Credit Secured Obligations in the manner specified in Section 5.09 hereof and (ii) if requested by the Company, such Permitted Investments may be held in the name and under the control of one or more of the Revolving Credit Lenders (and in that connection each Revolving Credit Lender, pursuant to Section 11.10 10.10 of the Credit Agreement, has agreed that such Permitted Investments shall be held by such Revolving Credit Lender as a collateral sub-agent for the Agent hereunder).

Investment of Balance in Collateral Account. Amounts on deposit in the Collateral Account shall be invested from time to time in such Permitted Investments constituting Investment Property as the Company (or, after the occurrence if any Default shall have occurred and during the continuance of an Event of Defaultbe continuing, the Administrative Agent) shall determine, which . All such Permitted Investments shall be held in the name and be under the control of the Administrative Agent, PROVIDED that (i) at any time after the occurrence and during the continuance of an Event of Defaultprovided that, the Agent may (and, if instructed by the Lenders as specified in Section 11.03 of the Credit Agreement, shall) in its (or their) discretion at any time and from time to time elect to liquidate any such Permitted Investments and to apply or cause to be applied the proceeds thereof to the payment of the Secured Obligations in the manner specified in Section 5.09 hereof and (ii) if requested by the Company, such Permitted Investments may be held in the name and under the control of one or more of the Lenders (and in that connection each Lender, pursuant to Section 11.10 10.10 of the Credit Agreement, has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent subagent for the Administrative Agent hereunderunder this Agreement).. At any time after the occurrence and during the continuance of an Event of Default, the Administrative Agent may (and, if instructed by the Lenders as specified in Section 9 of the Credit Agreement, shall) in its (or their) discretion at any time and from time to time elect to liquidate, or direct any such Lender acting as a collateral

Investment of Balance in Collateral Account. Amounts on deposit in the Collateral Account shall be invested from time to time in such Permitted Investments constituting Investment Property as the Company respective Obligor through the Borrower (or, after the occurrence and during the continuance of an Event of a Default, the Administrative Agent) shall determine, which Permitted Investments shall be credited to the Collateral Account and held in the name and be under the control of the Administrative Agent, PROVIDED provided that (i) at any time after the occurrence and during the continuance of an Event of Default, the Administrative Agent may (and, if instructed by the Lenders as specified in Section 11.03 10 of the Credit Agreement, shall) in its (or their) discretion at any time and from time to time elect to liquidate any such Permitted Investments and to apply or cause to be applied the proceeds thereof to the payment of the Secured Obligations in the manner specified in Section 5.09 hereof and (ii) if requested by the Companyrespective Obligor through the Borrower, such Permitted Investments may be held in the name and under the control of one or more of the Lenders (and in that connection each Lender, pursuant to Section 11.10 4.07 of the Credit Agreement, Agreement has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Administrative Agent hereunder).