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 as the Guarantor (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise 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 Default, the Administrative Agent may (and, if instructed by the Lenders as specified in Section 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 Secured Obligations in the manner specified in Section 6.09 hereof and (ii) if requested by the Guarantor, 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 10.10 of the Credit Agreement) has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Administrative 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 as the Guarantor respective Obligor through the Company (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be 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 Banks in Section 10.03 of accordance with the Second Amended and Restated 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 6.09 5.08 hereof and (ii) if requested by the Guarantorrespective Obligor through the Company, such Permitted Investments may be held in the name and under the control of one or more of the Lenders Banks (and in that connection each LenderBank, pursuant to Section 10.10 11.10 of the Second Amended and Restated Credit Agreement) , has agreed that such Permitted Investments shall be held by such Lender Bank as a collateral sub-agent for the Administrative 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 as the Guarantor respective Pledgor through the Company (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be 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 Banks as specified in Section 10.03 11.03 of the Second Amended and Restated 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 6.09 5.09 hereof and (ii) if requested by the Guarantorrespective Pledgor through the Company, such Permitted Investments may be held in the name and under the control of one or more of the Lenders Banks (and in that connection each LenderBank, pursuant to Section 10.10 11.10 of the Second Amended and Restated Credit Agreement) has agreed that such Permitted Investments shall be held by such Lender Bank as a collateral sub-agent for the Administrative 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 as the Guarantor Company (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be held in the name and be under the control of the Administrative Agent, Agent and may be credited to the Collateral Account; 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 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 Secured Obligations in the manner specified in Section 6.09 5.09 hereof and (ii) if requested by the GuarantorCompany, 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 10.10 of the Credit Agreement) , has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent Administrative Agent for the Administrative 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 as the Guarantor respective Securing Party through the Borrower (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be 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 10.03 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 6.09 5.09 hereof and (ii) if requested by the Guarantorrespective Securing Party through the Borrower, such Permitted Investments may be held in the name and under the control of one or more of the Lenders that is a bank or trust company (and in that connection each Lender, pursuant to Section 10.10 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 Administrative Agent hereunder).

Investment of Balance in Collateral Account. Amounts on deposit in The cash balance standing to the credit of the Collateral Account shall be invested from time to time in such Permitted Investments as the Guarantor Company (or, after the occurrence and during the continuance of a an Event of Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be held in the name and be under the control of the Administrative AgentAgent (and, if the Collateral Account is a securities account, credited to the Collateral Account); 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 10.03 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 6.09 5.09 hereof and (ii) if requested by the GuarantorCompany, 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 10.10 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 Administrative Agent hereunder).. Security Agreement

Investment of Balance in Collateral Account. Amounts on deposit in the Collateral Account shall be invested from time to time in such Permitted Investments as the Guarantor respective Debtor (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be held in the name and be under the control of the Administrative Agent; PROVIDED, provided HOWEVER, 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 10.03 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 6.09 5.09 hereof and (ii) if requested by the Guarantorrespective Debtor, 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 10.10 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 Administrative 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 as the Guarantor (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise 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 Default, the Administrative Agent may (and, if instructed by the Series A Lenders as specified in Section 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 Series A Secured Obligations in the manner specified in Section 6.09 hereof and (ii) if requested by the Guarantor, such Permitted Investments may be held in the name and under the control of one or more of the Series A Lenders (and in that connection each Series A Lender, pursuant to Section 10.10 of the Credit Agreement) has agreed that such Permitted Investments shall be held by such Series A Lender as a collateral sub-agent for the Administrative 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 as the Guarantor Borrower (or, after the occurrence and during the continuance of a an Event of Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be held in the name and be under the control of the Administrative Agent; provided, provided however, 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 10.03 11.03 of the Credit Agreement, shall) in its (or their) sole and absolute 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 6.09 hereof 5.09 hereof, and (ii) if requested by the GuarantorBorrower, 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 10.10 11.04 of the Credit Agreement) , has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Administrative 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 as the Guarantor respective Obligor through the Borrower (or, after the occurrence and during the continuance of a Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise 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 Default, the Administrative Collateral Agent) shall determine, which Permitted Investments shall be held in the name and be under the control of the Collateral Agent, provided that (i) at any time -------- after the occurrence and during the continuance of an Event of Default, the Collateral Agent may (and, if instructed by the Lenders as specified in Section 10.03 of the Credit AgreementRequired Secured Parties, 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 6.09 hereof 5.08 and (ii) if requested by the Guarantorrespective 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 10.10 of the Credit Agreement) has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Administrative Collateral 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 as the Guarantor Borrower (or, after the occurrence and during the continuance of a an Event of Default, the Administrative Agent) shall determine, which Permitted Investments shall if the Collateral Account is a "securities account" (within the meaning of Section 8-501 of the Uniform Commercial Code) be credited to the Collateral Account and otherwise shall be held in the name and be under the control of the Administrative Agent; provided, provided however, that (i) at any time after the occurrence and during the continuance of an Event of Default, the Administrative Agent may (and, if so instructed by the Revolving Credit Lenders as specified in Section 10.03 of the Credit Agreement, shall) in its (or their) sole and absolute 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 6.09 hereof 5.09 hereof, and (ii) if requested by the GuarantorBorrower, such Permitted Investments may be held in the name and under the control of one or more of the Revolving Credit Lenders (and and, in that connection connection, each Revolving Credit Lender, pursuant to Section 10.10 11.4 of the Credit Agreement) , has agreed that such Permitted Investments shall be held by such Lender as a collateral sub-agent for the Administrative Agent hereunder).