Investment of Money. (A) Moneys held for the credit of the funds and accounts established hereunder shall be invested and reinvested at the written instruction of the Issuer in Investment Obligations. Such investments or reinvestments shall mature or become available not later than the respective dates, as estimated by the Issuer, that the moneys held for the credit of said funds and accounts will be needed for the purposes of such funds or accounts.
(B) Obligations so purchased as an investment of moneys in any such fund or account shall be deemed at all times to be a part of such fund or account, and shall at all times, for the purposes of this Indenture, be valued by the Issuer annually on June 30 of each year at the market value thereof, exclusive of accrued interest as determined by the Issuer.
(C) Except as otherwise expressly provided herein, including specifically the obligations of the Issuer with respect to paying the Rebate Amount as set forth in Section 4.07 hereof, all income and profits derived from the investment of moneys in the Debt Service Fund shall remain in such Fund. All income and profits derived from the investment of funds in the Reserve Fund, if any, shall be retained in the applicable subaccount therein until amounts on deposit in such subaccount equal the applicable Reserve Requirement, and thereafter shall be paid to the Issuer to be used to make capital improvements to the related Project, to defease Senior Bonds or to pay principal and interest on the Senior Bonds. All income and profits derived from the investment of funds in the Construction Fund shall be retained in the applicable account therein until the completion of the Project being funded from such account. All income and profits derived from the investment of funds in the Costs of Issuance Fund shall be retained therein until all costs of issuance of the related Series of Bonds have been paid. All income and profits derived from the investment of funds in the Repair and Replacement Fund, if any, shall be retained in the applicable subaccount therein until amounts on deposit in such subaccount equal the applicable Repair and Replacement Fund Requirement, and thereafter all shall be transferred to the Debt Service Fund be pay principal and interest on the Senior Bonds. The Trustee shall have no responsibility to assure that the Issuer so deposits any funds transferred in accordance with the preceding two sentences. Notwithstanding the foregoing, income and profits derived from the investm...
Investment of Money. Any money held as a part of the Construction Fund or Debt Service Fund shall be invested or reinvested as directed by the City Representative in accordance with Article VI of the Resolution.
Investment of Money. Money held as a part of the Project Fund and the Debt Service Fund to be established under the Bond Resolution shall be invested or reinvested as directed by the City in accordance with the Bond Resolution.
Investment of Money. This prong of the test is almost always satisfied and often overlooked. When analyzing this prong, courts look to whether risk is an ingredient in the investment.108 This prong requires that the investor “commit his assets to the enterprise in such a manner as to subject himself to financial loss.”109 103 See id. at 297-98. 104 Id. at 299. Courts often apply the Xxxxx test using three prongs and explaining that “an investment contract is a security…if investors purchase with (1) an expectation of profits arising from (2) a common enterprise that (3) depends upon the efforts of others.” Life Partners IV, 87 F.3d 536, 542 (D.C. Cir. 1996). 105 Xxxxx, 328 U.S. at 298–99. 106 Id. at 299. 107 Id. at 299-300. 108 Xxxxxx x. Xxxxx, 533 F.2d 429, 432 (9th Cir. 1976). 109 Id.
Investment of Money. All the money the Trustee is entitled to invest pursuant to this deed, shall be invested by it at a bank/banks, in its name or to its order, in investments in which the laws of the State of Israel permit such moneys to be invested, as shall be found suitable, and all subject to the terms and conditions of this Deed of Trust, provided that any investment in securities shall be in securities that have been rated with a rating that is not less than an AA rating. Where the Trustee has done so, it will not be liable to the persons entitled in respect of such amounts, except for the proceeds received from the realization of the investments, less the expenses connected with the aforesaid investments and with maintaining and managing the trust accounts, the commissions and less the compulsory payments which are imposed on the trust accounts. Out of such moneys the Trustee shall transfer amounts to the debenture holders who are entitled thereto, as soon as possible after proof and confirmation have been furnished to the Trustee in regard to their right to such amount, to the Trustee’s full satisfaction, but less the Trustee’s expenses and its commission at a rate that is customary with it at such time.
Investment of Money. Any money held as a part of the Funds shall be invested, reinvested and transferred to other Funds by the Trustee as provided in Article 6 of the Indenture and invested only in Permitted Investments.
Investment of Money. (a) If the State receives money that it does not need to use immediately to comply with this deed, then the State may invest that money.
(b) The State may vary or dispose of the investment.
Investment of Money. All money carried to the reserves shall nevertheless remain and be profits of the Company subject to due provisions being made for actual loss or depreciation for the payment of dividends and such moneys and all the other moneys of the Company not immediately required for the purposes of the Company may, subject to the provisions of the Act, be invested by the Board in or upon such investments or securities as it may select or may be used as working capital or may be kept at any Bank on deposit or otherwise as the Board may, from time to time think proper.
Investment of Money. All the money that the Trustee is entitled to invest according to the Trust Deed will be invested by it, in its name or to its order, in coordination with the Company, in Government Bonds or in daily bank deposits in one of the four largest banks in Israel, at the Company’s choice, subject to any law (which may not be conditioned upon) and the terms of this Trust Deed. By so doing, the Trustee will not be liable to the individuals entitled for those amounts but only for the consideration that will be received from realizing the investments, less its fees and expenses, the commissions and expenses relating to the aforesaid investment and the management of the Trust Accounts, the commissions and deductions of the compulsory payments that apply to the Trust Account, and the Trustee will act with the balance of the aforesaid money according to the provisions of this Deed, as applicable.
Investment of Money. Any money held as a part of the Debt Service Fund shall be held uninvested.
