Investment of Security Funds. Any monies paid to or retained by the Collateral Agent which are required to be paid to the Company or applied for the benefit of the Company (including, without limitation, amounts payable to the Company under Sections 3.5(d), 3.5(f), 3.6(b) and 3.6(g) hereof), but which the Collateral Agent is entitled to hold under the terms hereof pending the occurrence of some event or the performance of some act (including, without limitation, the remedying of an Event of Default), shall, until paid to the Company or applied as provided herein, be invested by the Collateral Agent at the written authorization and direction of the Company from time to time at the sole expense and risk of the Company in Permitted Investments. After the occurrence and during the continuance of an Event of Default, Permitted Investments will be selected by the Collateral Agent at its discretion. At the time of such payment or application, there shall be remitted to the Company any gain (including interest received) realized as the result of any such investment (net of any fees, commissions, other expenses or losses, if any, incurred in connection with such investment) unless an Event of Default shall have occurred and be continuing. The Collateral Agent shall not be liable for any loss relating to a Permitted Investment made pursuant to this Article 6. The Company will promptly pay to the Collateral Agent, on demand, the amount of any loss (net of any gains, including interest received) realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment).
Appears in 4 contracts
Samples: Credit and Guarantee Agreement (Northwest Airlines Corp), Aircraft Mortgage and Security Agreement (Northwest Airlines Corp), Aircraft Mortgage and Security Agreement (Northwest Airlines Corp)
Investment of Security Funds. Any monies paid to or retained moneys received by the Collateral Agent Lessor or the Indenture Trustee which are required to be paid to the Company Lessee pursuant to Section 11.5, 11.6, or applied for 12.3, as the benefit of the Company (including, without limitation, amounts payable to the Company under Sections 3.5(d), 3.5(f), 3.6(b) and 3.6(g) hereof), but which the Collateral Agent is entitled to hold under the terms hereof pending the occurrence of some event or the performance of some act (including, without limitation, the remedying of an Event of Default), shallcase may be, until paid to the Company Lessee as provided in Section 11.5, 11.6, or 12.3, or as otherwise applied as provided hereinherein or in the Trust Agreement and Indenture, shall be invested in Permitted Investments by the Collateral Agent at Lessor (unless the written authorization and direction Lien of the Company Indenture shall not have been discharged, in which case, by the Indenture Trustee as provided in Section 9.3 of the Indenture) from time to time at the sole expense and risk of the Company as directed in Permitted Investments. After the occurrence and during the continuance of an Event of Default, Permitted Investments will be selected writing by the Collateral Agent at its discretionLessee, if such investments are reasonably available for purchase. At the time of such payment or application, there There shall be promptly remitted to the Company Lessee, so long as no Lease Default or Lease Event of Default shall have occurred and be continuing and unless applied as provided herein or in the Trust Agreement and Indenture, any gain (including interest received) realized as the result of any such investment (net of any fees, commissions, commissions and other expenses or lossesexpenses, if any, incurred in connection with such investment) unless an Event of Default shall have occurred and be continuing). The Collateral Agent shall not be liable for any loss relating to a Permitted Investment made pursuant to this Article 6. The Company Lessee will promptly pay to the Collateral AgentLessor or the Indenture Trustee, as the case may be, on demand, the amount of any net loss (net of any gains, including interest received) realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment), such amount to be held and disposed of in accordance with the terms hereof and of the Trust Agreement and the Indenture.
Appears in 1 contract
Samples: Lease Agreement (LSB Industries Inc)
Investment of Security Funds. Any monies paid to or retained by the Collateral Agent which that are required to be paid to the Company American or applied for the benefit or at the direction of the Company American (including, without limitation, amounts payable to the Company American under Sections 3.5(d5.05(b), 3.5(f), 3.6(b5.05(d) and 3.6(g) hereof5.06(d); provided, however, that amounts relating to the Cash Collateral Account shall be governed solely by the provisions of Section 3.01), but which the Collateral Agent is entitled to hold under the terms hereof pending the occurrence of some event or the performance of some act (including, without limitation, the remedying of an Event of Default), shall, until paid to the Company American or applied as provided herein, be invested by the Collateral Agent at the written authorization and direction of the Company American from time to time at the sole expense and risk of the Company American in Permitted Investments. After the occurrence and during the continuance of an Event of Default, Permitted Investments will be selected by the Collateral Agent at its discretion. At the time of such payment or application, there There shall be promptly remitted to the Company American any gain (including interest received) realized as the result of any such investment (net of any fees, commissions, other expenses or losses, if any, incurred in connection with such investment) unless an Event of Default shall have occurred and be continuing. The Collateral Agent shall not be liable for any loss relating to a Permitted Investment made pursuant to this Article 6. The Company will promptly pay to the Collateral Agent, on demand, the amount of any loss (net of any gains, including interest received) realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment)) unless a Payment Default, Bankruptcy Default or Event of Default shall have occurred and be continuing. If any such Default or Event of Default shall have occurred and be continuing, the Agent shall hold any such gain as security for the obligations of American hereunder and apply it against such obligations as and when due and at such time as there shall not be continuing any such Default or Event of Default such amount, to the extent not previously so applied against American's obligations, shall be paid to American.
Appears in 1 contract
Samples: Credit Agreement (Amr Corp)
Investment of Security Funds. Any monies paid to or retained by the Collateral Agent which are required to be paid to the Company or applied for the benefit of the Company (including, without limitation, amounts payable to the Company under Sections 3.5(d), 3.5(f), 3.6(b) and 3.6(g) hereof), but which the Collateral Agent is entitled to hold under the terms hereof pending the occurrence of some event or the performance of some act (including, without limitation, the remedying of an Event of Default), shall, until paid to the Company or applied as provided herein, be invested by the Collateral Agent at the written authorization and direction of the Company from time to time at the sole expense and risk of the Company in Permitted Investments. After the occurrence and during the continuance of an Event of Default, Permitted Investments will be selected by the Collateral Agent at its discretion. At the time of such payment or application, there shall be remitted to the Company any gain (including interest received) realized as the result of any such investment (net of any fees, commissions, other expenses or losses, if any, incurred in connection with such investment) unless an Event of Default shall have occurred and be continuing. The Collateral Agent shall not be liable for any loss relating to a Permitted Investment made pursuant to this Article 67. The Company will promptly pay to the Collateral Agent, on demand, the amount of any loss (net of any gains, including interest received) realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment).
Appears in 1 contract
Samples: Mortgage and Security Agreement (Northwest Airlines Corp)
Investment of Security Funds. Any monies paid to or retained by the Collateral Agent which are required to be paid to the Company or applied for the benefit of the Company (including, without limitation, amounts payable to the Company under Sections 3.5(d), 3.5(f), 3.6(b) and 3.6(g) hereof), but which the Collateral Agent is entitled to hold under the terms hereof pending the occurrence of some event or the performance of some act (including, without limitation, the remedying of an Event of Default), shall, until paid to the Company or applied as provided herein, be invested by the Collateral Agent at the written authorization and direction of the Company from time to time at the sole expense and risk of the Company in Permitted Investments. After the occurrence and during the continuance of an Event of Default, Permitted Investments will be selected by the Collateral Agent at its discretion. At the time of such payment or application, there shall be remitted to the Company any gain (including interest received) realized as the result of any such investment (net of any fees, commissions, other expenses or losses, if any, incurred in connection with such investment) unless an Event of Default shall have occurred and be continuing. The Collateral Agent shall not be liable for any loss relating to a Permitted Investment made pursuant to this Article 6. The Company will promptly pay to the Collateral Agent, on demand, the amount of any loss (net of any gains, including interest received) realized as the result of any such investment (together with any fees, commissions and other expenses, if any, incurred in connection with such investment). ARTICLE 7.
Appears in 1 contract
Samples: Aircraft Mortgage and Security Agreement (Northwest Airlines Corp)