Common use of Investment of Funds Held by Trustee Clause in Contracts

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Account or subaccount held by the Trustee hereunder as directed in writing (or oral direction confirmed in writing) by the Debtor, to the fullest extent practicable and reasonable, in Permitted Investments. Such direction by the Debtor shall not conflict with the obligation of the Trustee to make timely payments pursuant to Section 5.11(c)(iv). In the absence of any such direction and to the extent practicable, the Trustee shall invest amounts held hereunder in those Permitted Investments described in clause (i) of the definition of the Permitted Investments. All income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.11. The Trustee and the Debtor hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor shall be entitled to, and shall, provide written direction or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment and the Trustee shall not take such discretionary acts without such written direction. (ii) The Permitted Investments held by the Trustee shall be deemed at all times to be part of the related Account or subaccounts or combination thereof, and the Trustee shall inform the Debtor of the details of all such investments. Upon direction in writing from the Debtor, the Trustee shall use reasonable efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment whenever it shall be necessary to provide money to meet any payment from the applicable Account. The Trustee shall advise the Debtor in writing, on or before the tenth (10th) day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the Debtor) of all investments held for the credit of each Account in its custody under the provisions of this Note Agreement as of the end of the preceding month and the market value thereof in accordance with the Trustee's customary bank statements. (iii) Money in any Account may be pooled for the purpose of making investments. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or for keeping all Accounts held by it fully invested at all times, its only responsibility being to comply with the investment instructions of the Debtor.

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Fund or Account or subaccount Subaccount held by the Trustee hereunder hereunder, as directed in writing (or oral direction orally, confirmed in writing) by an Authorized Representative (unless an Event of Default shall have occurred hereunder for which a Responsible Officer of the DebtorTrustee has actual knowledge or has received written notice and the Trustee has received direction with respect thereto pursuant to Section 6.11 hereof) using a form of instructions acceptable to the Trustee, to the fullest extent practicable and reasonablepracticable, in Permitted InvestmentsInvestment Securities, which the Authority shall determine are expected to mature or be redeemed at the option of the holder, without penalty, prior to the respective dates when the money held for the credit of such Fund or Account or Subaccount is expected to be required for the purposes intended, but in no event later than the next Monthly Distribution Date. Such direction by If a Fund or Account or Subaccount no longer constitutes an Eligible Account, the Debtor Trustee shall promptly (and, in any case, within not conflict more than 30 calendar days) move such Fund or Account or Subaccount to another Eligible Institution such that the Fund or Account or Subaccount shall again constitute an Eligible Account; provided, that the Trustee shall reasonably cooperate with the obligation of the Trustee Authority to make timely payments pursuant to Section 5.11(c)(iv)effectuate such a move. In the absence of any such direction and to the extent practicabledirection, the Trustee shall invest hold amounts held hereunder in those Permitted Investments described in clause (i) of the definition of the Permitted Investments. All income uninvested and earning shall have no liability or obligation to pay interest or earnings on any such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.11amounts. The Trustee and the Debtor Authority hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor Authority acting by and through an Authorized Representative shall be entitled to, and shall, provide written direction direction, or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment Securities and the Trustee shall not take such discretionary acts without such written direction. (ii) The Permitted Investments held by the Trustee shall be deemed at all times to be part of the related Account or subaccounts or combination thereof, and the Trustee shall inform the Debtor of the details of all such investments. Upon direction in writing from the Debtor, the Trustee shall use reasonable efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment whenever it shall be necessary to provide money to meet any payment from the applicable Account. The Trustee shall advise the Debtor in writing, on or before the tenth (10th) day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the Debtor) of all investments held for the credit of each Account in its custody under the provisions of this Note Agreement as of the end of the preceding month and the market value thereof in accordance with the Trustee's customary bank statements. (iii) Money in any Account may be pooled for the purpose of making investments. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or for keeping all Accounts held by it fully invested at all times, its only responsibility being to comply with the investment instructions of the Debtor.

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Account or subaccount held by the Trustee hereunder as directed in writing (or oral direction confirmed in writing) by the Debtor, to the fullest extent practicable and reasonable, in Permitted Investments. Such direction by the Debtor shall not conflict with the obligation of the Trustee to make timely payments pursuant to Section 5.11(c)(iv5.11(c)(v). In the absence of any such direction and to the extent practicable, the Trustee shall invest amounts held hereunder in those Permitted Investments described in clause (i) of the definition of the Permitted Investments. All income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.11. The Trustee and the Debtor hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor shall be entitled to, and shall, provide written direction or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment and the Trustee shall not take such discretionary acts without such written direction. (ii) The Permitted Investments held by the Trustee shall be deemed at all times to be part of the related Account or subaccounts or combination thereof, and the Trustee shall inform the Debtor of the details of all such investments. Upon direction in writing from the Debtor, the Trustee shall use reasonable efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment whenever it shall be necessary to provide money to meet any payment from the applicable Account. The Trustee shall advise the Debtor in writing, on or before the tenth (10th) day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the Debtor) of all investments held for the credit of each Account in its custody under the provisions of this Note Agreement as of the end of the preceding month and the market value thereof in accordance with the Trustee's customary bank statements. (iii) Money in any Account may be pooled for the purpose of making investments. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or for keeping all Accounts held by it fully invested at all times, its only responsibility being to comply with the investment instructions of the Debtor.

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Account or subaccount held by the Trustee hereunder as directed in writing (or oral direction orally, confirmed in writing) by the Debtor, to the fullest extent practicable and reasonable, in Permitted Investments. Such direction by Investments which shall mature or be redeemed at the Debtor shall not conflict with the obligation option of the Trustee holder prior to make timely payments pursuant to Section 5.11(c)(iv)the respective dates when the money held for the credit of such Account will be required for the purposes intended. In the absence of any such direction and to the extent practicable, the Trustee shall invest amounts held hereunder in those Permitted Investments described in clause (ia) or (b) of the definition of the Permitted Investments. All income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant transferred monthly to the applicable provisions of Section 5.11Collection Account. The Trustee and the Debtor hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor shall be entitled to, and shall, provide written direction or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment and the Trustee shall not take such discretionary acts without such written direction. (ii) The Permitted Investments held by the Trustee shall be deemed at all times to be part of the related Account or subaccounts or combination thereof, and the Trustee shall inform the Debtor of the details of all such investments. Upon direction in writing (or orally, confirmed in writing) from the Debtor, the Trustee shall use reasonable its best efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment whenever it shall be necessary to provide money to meet any payment from the applicable Account. The Trustee shall advise the Debtor in writing, on or before the tenth (10th) day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the Debtor) ), of all investments held for the credit of each Account in its custody under the provisions of this Note Agreement agreement as of the end of the preceding month and the market value thereof in accordance with the Trustee's customary bank statementsthereof. (iii) Money in any Account may be pooled for the purpose of making investments. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or or, except as provided in Section 5.01(d)(1), for keeping all Accounts held by it fully invested at all times, its only responsibility being to comply with the investment instructions of the Debtor. (iv) Interest or other earnings on Permitted Investments held in any Account shall be paid to the Debtor as directed in writing (or orally, confirmed in writing) by the Debtor.

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Account or subaccount held by the Trustee hereunder as directed in writing (or oral direction confirmed in writing) by the DebtorCompany, to the fullest extent practicable and reasonable, in Permitted Investments. Such direction by the Debtor Company shall not conflict with the obligation of the Trustee to make timely payments pursuant to Section 5.11(c)(iv7.05(c)(v). In the absence of any such direction and to the extent practicable, the Trustee shall invest amounts held hereunder in those Permitted Investments described in clause (i) of the definition of the Permitted Investments. All income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.117.05. The Trustee and the Debtor Company hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor Company shall be entitled to, and shall, provide written direction or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment and the Trustee shall not take such discretionary acts without such written direction. (ii) The Permitted Investments held by the Trustee shall be deemed at all times to be part of the related Account or subaccounts or combination thereof, and the Trustee shall inform the Debtor Company of the details of all such investments. Upon direction in writing from the DebtorCompany, the Trustee shall use reasonable efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment whenever it shall be necessary to provide money to meet any payment from the applicable Account. The Trustee shall advise the Debtor Company in writing, on or before the tenth (10th) day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the DebtorCompany) of all investments held for the credit of each Account in its custody under the provisions of this Note Agreement Indenture as of the end of the preceding month and the market value thereof in accordance with the Trustee's customary bank statements. (iii) Money in any Account may be pooled for the purpose of making investments. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or for keeping all Accounts held by it fully invested at all times, its only responsibility being to comply with the investment instructions of the DebtorCompany.

Investment of Funds Held by Trustee. (i) The Trustee shall invest money held for the credit of any Fund or Account or subaccount held by the Trustee hereunder as directed in writing (or oral direction orally, confirmed in writing) by an Authorized Officer of the DebtorIssuer or a designee appointed in writing by an Authorized Officer of the Issuer, to the fullest extent practicable and reasonable, in Permitted Investments. Such direction by Investment Securities which shall mature or be redeemed at the Debtor shall not conflict with the obligation option of the Trustee holder prior to make timely payments pursuant to Section 5.11(c)(iv)the respective dates when the money held for the credit of such Fund or Account will be required for the purposes intended. In the absence of written direction by an Authorized Officer of the Issuer, all uninvested moneys in any such direction and to the extent practicable, Fund or Account held by the Trustee hereunder shall invest amounts held hereunder be invested in those Permitted Investments Investment Securities described in clause (ia), (b), (c), (d), (e) or (f) of the definition of the Permitted InvestmentsInvestment Securities. All income and earning Interest earnings on such investments all Investment Securities shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant transferred to the applicable provisions of Section 5.11Revenue Fund. The Trustee and the Debtor Issuer hereby agree that unless an Event of Default shall have occurred hereunder, the Debtor Issuer acting by and through an Authorized Officer shall be entitled to, and shall, provide written direction or oral direction confirmed in writing to the Trustee with respect to any discretionary acts required or permitted of the Trustee under any Permitted Investment Agreement and the Trustee shall not take such discretionary acts without such written direction. (ii) . The Permitted Investments Investment Securities purchased shall be held by the Trustee and shall be deemed at all times to be part of the related such Fund or Account or subaccounts combination of Funds or combination thereofAccounts, and the Trustee shall inform the Debtor Issuer of the details of all such investments. Upon direction in writing (or orally, confirmed in writing) from an Authorized Officer of the DebtorIssuer, the Trustee shall use reasonable its best efforts to sell at the best price obtainable, or present for redemption, any Permitted Investment Securities purchased by it as an investment whenever it shall be necessary to provide money to meet any payment from the applicable AccountFund. The Trustee shall advise the Debtor Issuer in writing, on or before the tenth (10th) fifteenth day of each calendar month (or (A) if such day is not a Business Day, on the next following Business Day or (B) such later date as reasonably consented to by the Debtor) Issuer), of all investments held for the credit of each Account Fund in its custody under the provisions of this Note Agreement Indenture as of the end of the preceding month and the market value thereof in accordance with thereof, and shall list any investments which were sold or liquidated for less than their value at the Trustee's customary bank statements. (iii) time thereof. Money in any Account Fund constituting a part of the Trust Estate may be pooled for the purpose of making investmentsinvestments and may be used to pay accrued interest on Investment Securities purchased. Any purchase of Investment Securities may be made by or through the Trustee or any of its affiliates. Notwithstanding the foregoing, the Trustee shall not be responsible or liable for any losses on investments made by it hereunder or for keeping all Accounts Funds held by it it, fully invested at all times, its only responsibility being to comply with the investment instructions of the DebtorIssuer or its designee in a non-negligent manner.