Common use of Investment of Trust Moneys Clause in Contracts

Investment of Trust Moneys. 11.9.1 Unless otherwise provided in this Indenture, any moneys held by the Trustee, which under the trusts of this Indenture may or ought to be invested or which may be on deposit with the Trustee or which may be in the hands of the Trustee, may be invested and reinvested in the name or under the control of the Trustee, upon the written direction of the Issuer, in Authorized Investments. 11.9.2 Upon receipt of a direction from the Issuer, the Trustee shall invest any moneys held by it in Authorized Investments in its name in accordance with such direction. Any direction from the Issuer to the Trustee shall be in writing and shall be provided to the Trustee no later than 9:00 a.m. (Mountain time) on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 a.m. (Mountain time) or received on a non-Business Day shall be deemed to have been given prior to 9:00 a.m. (Mountain time) on the next Business Day. 11.9.3 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, the deposit department of one of its Affiliates, or the deposit department of a Canadian chartered bank; but the Trustee and its Affiliates, or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any person or entity other than at a rate, if any, established from time to time by the Trustee or its Affiliates or a Canadian chartered bank. 11.9.4 The Trustee shall not be liable for any loss or losses realized on such investments, negligence, willful acts or defaults only excepted.

Investment of Trust Moneys. 11.9.1 11.9.1. Unless otherwise provided in this Indenture, any moneys held by the Trustee, which under the trusts of this Indenture may or ought to be invested or which may be on deposit with the Trustee or which may be in the hands of the Trustee, may be invested and reinvested in the name or under the control of the Trustee, upon the written direction of the Issuer, in Authorized Investments. 11.9.2 11.9.2. Upon receipt of a direction from the Issuer, the Trustee shall invest any moneys held by it in Authorized Investments in its name in accordance with such direction. Any direction from the Issuer to the Trustee shall be in writing and shall be provided to the Trustee no later than 9:00 a.m. (Mountain New York City time) on the day on which the investment is to be made. Any such direction received by the Trustee after 9:00 a.m. (Mountain New York City time) or received on a non-Business Day shall be deemed to have been given prior to 9:00 a.m. (Mountain New York City time) on the next Business Day. 11.9.3 11.9.3. 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, the deposit department of one of its Affiliates, or the deposit department of a Canadian chartered bank; but the Trustee and its Affiliates, or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any person or entity other than at a rate, if any, established from time to time by the Trustee or its Affiliates or a Canadian chartered bankwhich rate shall not exceed 0.5% per annum. 11.9.4 11.9.4. The Trustee shall not be liable for any loss or losses realized on such investments, negligence, willful acts or defaults only excepted.