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

Investment of Money Held by Trustee. The trustee may retain any cash balance held in connection with this Agreement and may, but need not, hold the same in its deposit department or the deposit department of one of its Affiliates. Upon receipt of a direction from the Corporation, the Trustee shall invest any moneys held by it in Authorized Investments in its name in accordance with such direction. Any direction from the Corporation to the Trustee shall be in writing and shall be provided to the Trustee no later than 9:00 am Eastern Standard Time on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 am Eastern Standard Time next business day. For the purpose of this subsection, "Authorized Investments" means short term interest bearing or discount debt obligations issued or guaranteed by the Government of Canada or a Province or a Canadian chartered bank (which may include an Affiliate or related party of the Trustee provided that such obligation is rated at least R1 (middle) by DBRS Inc. or an equivalent rating service. In the event the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the escrowed fund and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates. For the purpose of this Section 6.11, "Affiliate" means affiliated companies within the meaning of the Business Corporations Act (Ontario) ("OBCA") and includes Canadian Imperial Bank of Commerce, CIBC Mellon Global Securities Company and Mellon Bank, N.A., and each of their affiliates within the meaning of the OBCA. In the event that the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the funds and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates; but the Trustee and its Affiliates shall not be liable to account for any profit to any parties to this Agreement or to any other person or entity other than that at a rate, if any, established from time to time by the trustee or one of its Affiliates. The Trustee will maintain accurate books, records and accounts of the transactions effected or controlled by the Trustee hereunder and the receipt, investment, re-investment and disbursement of any funds held by the Trustee and will provide to Pixelworks and the Corporation records and statements thereof periodically upon request.

Investment of Money Held by Trustee. The trustee may retain Unless otherwise provided in this Indenture (including the provisions of Section 15.5), any cash balance funds held by the Trustee under the trusts of this Indenture shall be deposited in connection with this Agreement and maya trust account in the name of the Trustee, but need not(i) in any Canadian chartered bank at the rate of interest (if any) then current on similar deposits, hold the same or (ii) in its deposit department or the deposit department of one of its Affiliatesthe Trustee at the Trustee’s prevailing rate for all moneys held by it as may change from time to time, which account shall be interest-bearing unless otherwise agreed by the Corporation. Upon receipt the written direction of a direction from the Corporation, the Trustee shall invest any moneys held by it such funds in Authorized Investments in its name and in accordance with such direction. Any direction from by the Corporation to the Trustee as to the investment of funds shall be in writing and shall be provided to the Trustee no not later than 9:00 am Eastern Standard Time a.m. (Toronto time) on the day Business Day on which the investment is to be made. Any such direction received by the Trustee after 9:00 am Eastern Standard Time a.m. (Toronto time) or received on a day which is not a Business Day shall be deemed to have been given prior to 9:00 a.m. (Toronto time) on the next business dayBusiness Day. For The Trustee shall not be held liable for any losses incurred in the purpose investment of this subsection, "any funds in Authorized Investments" means short term . All interest bearing or discount debt obligations issued or guaranteed other income received by the Government Trustee in respect of Canada any investment or a Province or a Canadian chartered bank (which may include an Affiliate or related party of deposit made pursuant to the Trustee provided that such obligation is rated at least R1 (middle) by DBRS Inc. or an equivalent rating service. In the event the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the escrowed fund and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates. For the purpose provisions of this Section 6.11, "Affiliate" means affiliated companies within 15.9 shall belong to the meaning of the Business Corporations Act (Ontario) ("OBCA") and includes Canadian Imperial Bank of Commerce, CIBC Mellon Global Securities Company and Mellon Bank, N.A.Corporation, and each of their affiliates within the meaning of the OBCA. In the event that unless and until the Trustee does not receive a direction or only a partial directionshall have declared the principal of, the Trustee may hold cash balances constituting part or all of the funds and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates; but the Trustee and its Affiliates shall not be liable to account for any profit to any parties to this Agreement or to any other person or entity other than that at a ratePremium, if any, established from time and interest on, the Debentures to time be due and payable, the Trustee shall pay over to the Corporation all such interest and other income forthwith upon receipt thereof by the trustee or one of its Affiliates. The Trustee will maintain accurate books, records and accounts of the transactions effected or controlled by the Trustee hereunder and the receipt, investment, re-investment and disbursement of any funds held by the Trustee and will provide to Pixelworks and the Corporation records and statements thereof periodically upon request.Trustee

Investment of Money Held by Trustee. The trustee (a) Unless herein otherwise expressly provided, any of the funds held by the Trustee shall be kept segregated in the records of the Trustee and shall be deposited in one or more trust accounts to be maintained by the Trustee in the name of the Trustee at one or more banks listed in Schedule “D” hereto (each, an “Approved Bank”), which account may retain be non-interest bearing and the Trustee and its affiliates shall not be liable to account for any cash balance held in connection with this Agreement and mayprofit to the Issuer, but need notor to the holder of any Note, hold or to any other Person, other than at a rate, if any, established from time to time by the same in its deposit department Trustee or the deposit department of one of its Affiliatesaffiliates. All amounts held by the Trustee pursuant to this Indenture shall be held by the Trustee pursuant to the terms of this Indenture and shall not give rise to a debtor-creditor or other similar relationship. Upon receipt the written direction of a direction from the CorporationIssuer, the Trustee shall invest any moneys held by it in its name such funds in Authorized Investments in its name in accordance with such direction. For certainty, the Trustee shall not be liable to verify the terms of any written direction against the definition of Authorized Investments. Any direction from by the Corporation Issuer to the Trustee as to the investment of the funds shall be in writing and shall be provided to the Trustee no later than 9:00 am Eastern Standard Time 09:00 a.m. (Toronto time) on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 am Eastern Standard Time 09:00 a.m. (Toronto time), or received on a non-Business Day, shall be deemed to have been given prior to 09:00 a.m. on the next business day. For the purpose of this subsection, "Authorized Investments" means short term interest bearing or discount debt obligations issued or guaranteed by the Government of Canada or a Province or a Canadian chartered bank (which may include an Affiliate or related party of the Trustee provided that such obligation is rated at least R1 (middle) by DBRS Inc. or an equivalent rating service. In the event the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the escrowed fund and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates. For the purpose of this Section 6.11, "Affiliate" means affiliated companies within the meaning of the Business Corporations Act (Ontario) ("OBCA") and includes Canadian Imperial Bank of Commerce, CIBC Mellon Global Securities Company and Mellon Bank, N.A., and each of their affiliates within the meaning of the OBCADay. In the event that the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the funds and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliatesat an Approved Bank; but provided that the Trustee and its Affiliates affiliates shall not be liable to account for any profit to the Issuer, or to the holder of any parties to this Agreement Note, or to any other person or entity Person, other than that at a rate, if any, established from time to time by the trustee Trustee or one of its Affiliatesaffiliates. The Trustee will maintain accurate books, records and accounts of the transactions effected or controlled by the Trustee hereunder and the receipt, investment, re-investment and disbursement of any funds amounts held by the Trustee pursuant to this Indenture or invested pursuant to this Section 13.7 are at the sole risk of the Issuer and, without limiting the generality of the foregoing, the Trustee shall have no responsibility or liability for any diminution of the monies which may result from any deposit made with an Approved Bank or invested pursuant to this Section 13.7, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default) and any credit or other losses on any deposit liquidated or sold prior to maturity. The parties hereto acknowledge and agree that the Trustee will provide have acted prudently in depositing the monies at any Approved Bank. For certainty, after an Event of Default, the Trustee shall only make investments on receipt of appropriate instructions from the Noteholders by way of an Ordinary Resolution. (b) The Trustee shall have no liability for any loss sustained as a result of any investment selected by and made pursuant to Pixelworks the instructions of the Issuer or the Noteholders, as applicable, as a result of any liquidation of any investment prior to its maturity or for failure of either the Issuer or the Noteholders, as applicable, to give the Trustee instructions to liquidate, invest or reinvest amounts held with it. (c) In the absence of written instructions from either the Issuer or the Noteholders as to investment of funds held by it, such funds shall be held uninvested by the Trustee without liability for interest thereon. (d) Unless and until the Corporation records Trustee shall have declared the principal amount of the Notes to be due and statements thereof periodically upon requestpayable, the Trustee shall pay over to the Issuer all interest received by the Trustee with respect to any Authorized Investments made pursuant to this Section 13.7.

Investment of Money Held by Trustee. The trustee (1) Unless herein otherwise expressly provided, any of the funds held by the Trustee may retain any cash balance be deposited in a trust account in the name of the Trustee (which may be held in connection with this Agreement and maythe Trustee or an Affiliate of the Trustee), but need not, hold the same in its deposit department or the deposit department of one of its Affiliateswhich account may be non-interest bearing. Upon receipt the written direction of a direction from the CorporationCompany, the Trustee shall invest any moneys held by it in its name such funds in Authorized Investments in its name in accordance with such direction. Any direction from by the Corporation Company to the Trustee as to the investment of the funds shall be in writing and shall be provided to the Trustee no later than 9:00 am Eastern Standard Time 11:00 a.m. (Calgary time) on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 am Eastern Standard Time 11:00 a.m. (Calgary time), or received on a non-Business Day, shall be deemed to have been given prior to 11:00 a.m. on the next business day. For the purpose of this subsection, "Authorized Investments" means short term interest bearing or discount debt obligations issued or guaranteed by the Government of Canada or a Province or a Canadian chartered bank (which may include an Affiliate or related party of the Trustee provided that such obligation is rated at least R1 (middle) by DBRS Inc. or an equivalent rating service. In the event the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the escrowed fund and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates. For the purpose of this Section 6.11, "Affiliate" means affiliated companies within the meaning of the Business Corporations Act (Ontario) ("OBCA") and includes Canadian Imperial Bank of Commerce, CIBC Mellon Global Securities Company and Mellon Bank, N.A., and each of their affiliates within the meaning of the OBCADay. In the event that the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the funds and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates; but the Trustee and its Affiliates shall not be liable to account for any profit to the Company, or to the Holder of any parties to this Agreement Note, or to any other person or entity other than that at a rate, if any, established from time to time by the trustee Trustee or one of its Affiliates. The . (2) Unless and until the Trustee will maintain accurate books, records and accounts shall have declared the principal amount of the transactions effected or controlled Notes to be due and payable, the Trustee shall pay over to the Company all interest received by the Trustee hereunder with respect to any investments or deposits made pursuant to the provisions of this Section. (3) For the purposes of this section, "Authorized Investments" means short term interest bearing or discount debt obligations issued or guaranteed by the government of Canada or a Province or a Canadian chartered bank (which may include an affiliate (as defined in this section) or related party of the Trustee) provided that such obligation is rated at least R1 (middle) by DBRS or an equivalent rating service. For certainty, the Company and the receipt, investment, re-investment holders acknowledge and disbursement of any funds held by agree that the Trustee and will provide has no obligation or liability to Pixelworks and confirm or verify that investment instructions delivered pursuant to this Section 7.03 comply with the Corporation records and statements thereof periodically upon requestdefinition of Authorized Investments.

Investment of Money Held by Trustee. The trustee (a) Unless herein otherwise expressly provided, any of the funds held by the Trustee shall be kept segregated in the records of the Trustee and shall be deposited in one or more trust accounts to be maintained by the Trustee in the name of the Trustee at one or more banks listed in Schedule "D" hereto (each, an "Approved Bank"), which account may retain be non-interest bearing and the Trustee and its affiliates shall not be liable to account for any cash balance held in connection with this Agreement and mayprofit to the Issuer, but need notor to the holder of any Note, hold or to any person or entity, other than at a rate, if any, established from time to time by the same in its deposit department Trustee or the deposit department of one of its Affiliatesaffiliates. All amounts held by the Trustee pursuant to this Indenture shall be held by the Trustee pursuant to the terms of this Indenture and shall not give rise to a debtor-creditor or other similar relationship. Upon receipt the written direction of a direction from the CorporationIssuer, the Trustee shall invest any moneys held by it in its name such funds in Authorized Investments in its name in accordance with such direction. For certainty, the Trustee shall not be liable to verify the terms of any written direction against the definition of Authorized Investments. Any direction from by the Corporation Issuer to the Trustee as to the investment of the funds shall be in writing and shall be provided to the Trustee no later than 9:00 am Eastern Standard Time 09:00 a.m. (Montréal time) on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 am Eastern Standard Time 09:00 a.m. (Montréal time), or received on a non-Business Day, shall be deemed to have been given prior to 09:00 a.m. on the next business day. For the purpose of this subsection, "Authorized Investments" means short term interest bearing or discount debt obligations issued or guaranteed by the Government of Canada or a Province or a Canadian chartered bank (which may include an Affiliate or related party of the Trustee provided that such obligation is rated at least R1 (middle) by DBRS Inc. or an equivalent rating service. In the event the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the escrowed fund and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliates. For the purpose of this Section 6.11, "Affiliate" means affiliated companies within the meaning of the Business Corporations Act (Ontario) ("OBCA") and includes Canadian Imperial Bank of Commerce, CIBC Mellon Global Securities Company and Mellon Bank, N.A., and each of their affiliates within the meaning of the OBCADay. In the event that the Trustee does not receive a direction or only a partial direction, the Trustee may hold cash balances constituting part or all of the funds and may, but need not, invest same in its deposit department or the deposit department of one of its Affiliatesat an Approved Bank; but the Trustee and its Affiliates affiliates shall not be liable to account for any profit to the Issuer, or to the holder of any parties to this Agreement Note, or to any other person or entity entity, other than that at a rate, if any, established from time to time by the trustee Trustee or one of its Affiliatesaffiliates. The Trustee will maintain accurate books, records and accounts of the transactions effected or controlled by the Trustee hereunder and the receipt, investment, re-investment and disbursement of any funds amounts held by the Trustee pursuant to this Indenture or invested pursuant to this Section 13.9 are at the sole risk of the Issuer and, without limiting the generality of the foregoing, the Trustee shall have no responsibility or liability for any diminution of the monies which may result from any deposit made with an Approved Bank or invested pursuant to this Section 13.9 including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default) and any credit or other losses on any deposit liquidated or sold prior to maturity. The parties hereto acknowledge and agree that the Trustee will provide have acted prudently in depositing the monies at any Approved Bank. For certainty, after an Event of Default, the Trustee shall only make investments on receipt of appropriate instructions from the Noteholders by way of an Ordinary Resolution. (b) The Trustee shall have no liability for any loss sustained as a result of any investment selected by and made pursuant to Pixelworks the instructions of the Issuer or the Noteholders, as applicable, as a result of any liquidation of any investment prior to its maturity or for failure of either the Issuer or the Noteholders, as applicable, to give the Trustee instructions to liquidate, invest or reinvest amounts held with it. (c) In the absence of written instructions from either the Issuer or the Noteholders as to investment of funds held by it, such funds shall be held uninvested by the Trustee without liability for interest thereon. (d) Unless and until the Corporation records Trustee shall have declared the principal amount of the Notes to be due and statements thereof periodically upon requestpayable, the Trustee shall pay over to the Issuer all interest received by the Trustee with respect to any investments or deposits made pursuant to this Section.