Common use of Investment of Fund Clause in Contracts

Investment of Fund. During the term of this Agreement, the Fund shall be invested in and held in a JPMorgan Money Market Deposit Account with account #899561849 (“MMDA”) or at the Company’s request, in “Cash Equivalents” (as defined in the Second Lien Credit Agreement as of the date hereof), unless otherwise instructed by the Controlling Agent (as defined below) and as shall be reasonably acceptable to the Escrow Agent. All such Cash Equivalents shall be held in the escrow account maintained with the Escrow Agent (the “Escrow Account”). MMDA have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall have no responsibility to determine whether or not any investment constitutes a Cash Equivalent. Instructions to make any investment in a Cash Equivalent, unless otherwise instructed by the Controlling Agent, must be in writing and shall specify the type and identity of the investments to be purchased and/or sold. The Escrow Agent is hereby authorized to execute purchases and sales of investments through the facilities of its own trading or capital markets operations or those of any affiliated entity. The Escrow Agent or any of its affiliates may receive compensation from the Company with respect to any Cash Equivalents or other investments, except MMDA, directed hereunder including without limitation charging any applicable agency fee in connection with each transaction. The Parties recognize and agree that the Escrow Agent will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Fund or the purchase, sale, retention or other disposition of any investment described herein. The Escrow Agent shall not have any liability for any loss sustained as a result of any investment in an investment made pursuant to the terms of this Agreement or as a result of any liquidation of any investment prior to its maturity or for the failure of the Parties to give the Escrow Agent instructions to invest or reinvest the Fund. The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Agreement.

Investment of Fund. a. During the term of this Escrow Agreement, the Fund shall be invested in and held in an FDIC insured bank deposit vehicle or a JPMorgan Money Market Deposit Account with account #899561849 (“MMDA”) successor or at similar investment offered by the Company’s request, in “Cash Equivalents” (as defined in the Second Lien Credit Agreement as of the date hereof)Escrow Agent, unless otherwise instructed in writing by the Controlling Agent (as defined below) Parties and as shall be reasonably acceptable to the Escrow Agent. All such Cash Equivalents shall be held in the escrow account maintained with the Escrow Agent (the “Escrow Account”). MMDA have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall have no responsibility to determine whether or not any Written investment constitutes a Cash Equivalent. Instructions to make any investment in a Cash Equivalent, unless otherwise instructed instructions by the Controlling AgentParties, must be in writing and if any, shall specify the type and identity of the investments to be purchased and/or sold. The Escrow Agent is hereby authorized to execute purchases and sales of investments through the facilities of its own trading or capital markets operations or those of any affiliated entity. The Escrow Agent or any of its affiliates may receive compensation from the Company with respect to any Cash Equivalents or other investments, except MMDA, investment directed hereunder including without limitation charging any applicable an agency fee in connection with each transaction. The Parties recognize and agree that the Escrow Agent will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Fund or the purchase, sale, retention or other disposition of any investment described herein. The Escrow Agent shall not have any liability for any loss sustained as a result of any investment in an investment made pursuant to the terms of this Escrow Agreement or as a result of any liquidation of any investment prior to its maturity or for the failure of the Parties to give the Escrow Agent instructions to invest or reinvest the Fund. The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Escrow Agreement. b. Receipt, investment and reinvestment of the Escrow Deposit shall be confirmed by Escrow Agent as soon as practicable by account statement delivered to all Parties, and any discrepancies in any such account statement shall be noted by Parties to Escrow Agent within 30 calendar days after receipt thereof. Failure to inform Escrow Agent in writing of any discrepancies in any such account statement within said 30 day period shall conclusively be deemed confirmation of such account statement in its entirety.

Investment of Fund. During the term of this Agreement, the Fund shall be invested in and held in a JPMorgan the Xxxxx Fargo Money Market Deposit Account with account #899561849 (“MMDA”) or at the Company’s request, as set forth in “Cash Equivalents” (as defined in the Second Lien Credit Agreement as of the date hereof), Schedule 3 unless otherwise instructed by the Controlling Agent (as defined below) Parties. The Parties acknowledge that they have read and as shall be reasonably acceptable to the Escrow Agentunderstands Schedule 3. All such Cash Equivalents shall be held in the escrow account maintained with the Escrow Agent (the “Escrow Account”). MMDA Xxxxx Fargo Money Market Deposit Account have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall have no responsibility to determine whether or not any investment constitutes a Cash Equivalent. Instructions to make any other investment in a Cash Equivalent, unless otherwise instructed by the Controlling Agent(“Alternative Investment”), must be in writing writing, signed by the Parties, and shall specify the type and identity of the investments to be purchased and/or sold. Any investment earnings and income on the Fund shall not become part of the Escrow Deposit and shall be disbursed to Party A, as directed in writing by Party A. The Escrow Agent is hereby authorized to execute purchases and sales of investments through the facilities of its own trading or capital markets operations or those of any affiliated entity. The Escrow Agent or any of its affiliates may receive compensation from the Company with respect to any Cash Equivalents or other investments, except MMDA, investment directed hereunder including without limitation charging any applicable agency fee in connection with each transaction. The Parties recognize and agree that the Escrow Agent will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Fund or the purchase, sale, retention or other disposition of any investment described herein. The Escrow Agent shall not have any liability for any loss sustained as a result of any investment in an investment made pursuant to the terms of this Agreement or as a result of any liquidation of any investment prior to its maturity or for the failure of the Parties to give the Escrow Agent instructions to invest or reinvest the Fund. The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Agreement.

Investment of Fund. During the term of this Escrow Agreement, the Fund shall be invested in and held a cash compensation account at JPMorgan Chase Bank, N.A., in a JPMorgan Money Market Deposit Account with account #899561849 the State of New York (“MMDACash Compensation Account”) or at the Company’s request, in “Cash Equivalents” (as defined in the Second Lien Credit Agreement as of the date hereof), unless otherwise instructed in writing by the Controlling Agent (as defined below) Parties and as shall be reasonably acceptable to the Escrow Agent. All such Cash Equivalents In the absence of written direction from Plaintiffs’ Counsel and Defendants’ Counsel, all proceeds of the Fund shall be held retained in the escrow account maintained with Fund and reinvested from time to time by the Escrow Agent (the “Escrow Account”)as provided in this Section 4. MMDA Cash Compensation Accounts have rates of compensation that may vary from time to time based upon market conditions. The Escrow Agent shall have no responsibility to determine whether or not any Written investment constitutes a Cash Equivalent. Instructions to make any investment in a Cash Equivalentinstructions, unless otherwise instructed by the Controlling Agentif any, must be in writing and shall specify the type and identity of the investments to be purchased and/or sold. The Escrow Agent is hereby authorized to execute purchases and sales of investments through the facilities of its own trading or capital markets operations or those of any affiliated entity. The Escrow Agent or any of its affiliates may receive compensation from the Company with respect to any Cash Equivalents or other investments, except MMDA, investment directed hereunder including without limitation charging any applicable an agency fee in connection with each transaction. The Parties recognize and agree that the Escrow Agent will not provide supervision, recommendations or advice relating to either the investment of moneys held in the Fund or the purchase, sale, retention or other disposition of any investment described herein. The Escrow Agent shall not have any liability for any loss sustained as a result of any investment in an investment made pursuant to the terms of this Escrow Agreement or as a result of any liquidation of any investment prior to its maturity or for the failure of the Parties to give the Escrow Agent instructions to invest or reinvest the Fund. The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Escrow Agreement.