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income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.11.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.

Appears in 3 contracts

Samples: Section Note Agreement (Medical Capital Management Inc), Section Note Agreement (Medical Capital Management Inc), Note Issuance and Security Agreement (Medical Capital Management Inc)

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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income and earning on such investments shall be held in the Account to which the Permitted Investment is related and withdrawn pursuant to the applicable provisions of Section 5.117.05.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.

Appears in 1 contract

Samples: Indenture (Terra Capital Group)

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.

Appears in 1 contract

Samples: Section Note Agreement (Medical Capital Management Inc)

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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.

Appears in 1 contract

Samples: Section Note Agreement (Medical Capital Management Inc)

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