Investment of Special Payment Moneys. Any money received by the Trustee pursuant to Section 4.01(b) representing a Special Payment which is not to be promptly distributed shall, to the extent practicable, be invested in Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing by the Company pending distribution of such Special Payment pursuant to Section 4.02. Any investment made pursuant to this Section 4.04 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.04, other than by reason of the willful misconduct or negligence of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
Appears in 18 contracts
Samples: Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)
Investment of Special Payment Moneys. Any money received by the Trustee pursuant to Section 4.01(b) representing a Special Payment which is not to be promptly distributed on the date received shall, to the extent practicable, be invested by the Trustee in Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing selected by the Company in telephonic (confirmed in writing) or written instructions to the Trustee pending distribution of such Special Payment pursuant to Section 4.02. Any investment made pursuant to this Section 4.04 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. Absent receipt of instructions from the Company, such Special Payment shall remain uninvested by the Trustee pending receipt of investment instructions. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.04, other than by reason of the willful misconduct or negligence of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
Appears in 12 contracts
Samples: Pass Through Trust Agreement (Alaska Air Group, Inc.), Pass Through Trust Agreement (Jetblue Airways Corp), Pass Through Trust Agreement (Jetblue Airways Corp)
Investment of Special Payment Moneys. Any money received by the Trustee pursuant to Section 4.01(b) representing a Special Payment which is not to be promptly distributed shall, to the extent practicable, be invested in Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing by the Company pending distribution of such Special Payment pursuant to Section 4.02. Any investment made pursuant to this Section 4.04 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.04, other than by reason of the willful misconduct or gross negligence (or simple negligence in the handling of funds) of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
Appears in 8 contracts
Samples: Pass Through Trust Agreement (Midway Airlines Corp), Pass Through Trust Agreement (Midway Airlines Corp), Pass Through Trust Agreement (Midway Airlines Corp)
Investment of Special Payment Moneys. Any money ------------------------------------ received by the Trustee pursuant to Section 4.01(b4.1(b) representing a Special Payment which that is not to be promptly distributed shall, to the extent practicable, be invested (and reinvested) in at the written direction of the Applicable Company Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing by the Company pending distribution of such Special Payment pursuant to Section 4.024.2. Any investment (including any reinvestment) made pursuant to this Section 4.04 4.4 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 4.2 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.044.4, other than by reason of the willful misconduct or negligence of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Mobil Marine Finance Co I Inc), Pass Through Trust Agreement (Mobil Marine Finance Co I Inc)
Investment of Special Payment Moneys. Any money received ------------------------------------ by the Trustee pursuant to Section 4.01(b) representing a Special Payment which is not to be promptly distributed shall, to the extent practicable, be invested in Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing by the Company pending distribution of such Special Payment pursuant to Section 4.02. Any investment made pursuant to this Section 4.04 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.04, other than by reason of the willful misconduct or gross negligence (or simple negligence in the handling of funds) of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Midway Airlines Corp), Pass Through Trust Agreement (Midway Airlines Corp)
Investment of Special Payment Moneys. Any money received by the Trustee pursuant to Section 4.01(b4.1(b) representing a Special Payment which that is not to be promptly distributed shall, to the extent practicable, be invested in (and reinvested) in, at the written direction of the Company, Permitted Investments by the Trustee (and such Permitted Investments shall be registered in the name of the Trustee) as directed in writing by the Company pending distribution of such Special Payment pursuant to Section 4.024.2. Any investment (including any reinvestment) made pursuant to this Section 4.04 4.4 shall be in such Permitted Investments having maturities not later than the date that such moneys are required to be used to make the payment required under Section 4.02 4.2 on the applicable Special Distribution Date and the Trustee shall hold any such Permitted Investments until maturity. The Trustee shall have no liability with respect to any investment made pursuant to this Section 4.044.4, other than by reason of the willful misconduct or negligence of the Trustee. All income and earnings from such investments shall be distributed on such Special Distribution Date as part of such Special Payment.
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