Common use of Maintaining the Collateral Account Clause in Contracts

Maintaining the Collateral Account. Until the Termination Date of this Agreement: (i) The Borrower will maintain the Collateral Account with a financial institution approved by the Lender. (ii) All monies received by the Lender while a Default or an Event of Default has occurred and is continuing, and any monies received as a result of investments made as contemplated by subsection 4.2(c)(iii) hereof, shall be deposited in the Collateral Account. (iii) Pending the disbursement thereof pursuant to the terms of this Agreement, all monies in the Collateral Account shall (to the extent it is practical to do so) be invested by the Lender in Cash Equivalents. All such investments shall be evidenced either (a) by negotiable certificates or instruments which are held by or for the account of the Lender or (b) by book entries maintained in a State in which the Lender may be granted by book entries a security interest in the securities relating thereto. In the absence of its gross negligence or willful misconduct, the Lender shall not have any liability out of or in connection with any investment made in accordance with the provisions herein or for any loss or decline in value of any investment or from any loss resulting directly or indirectly from any investment made pursuant to and in accordance with the provisions hereof.

Maintaining the Collateral Account. Until If a Collateral Account is established hereunder, until the Termination Date of this Agreement: (i) The Borrower will maintain the Collateral Account with a financial institution approved by the Lender. (ii) All monies received by the Lender while a Default or an Event of Default has occurred and is continuing, and any monies received as a result of investments made as contemplated by subsection 4.2(c)(iii) hereof, shall be deposited in the Collateral Account. (iii) Pending the disbursement thereof pursuant to the terms of this Agreement, all monies in the Collateral Account shall (to the extent it is practical to do so) be invested by the Lender in Cash Equivalents. All such investments shall be evidenced either (a) by negotiable certificates or instruments which are held by or for the account of the Lender or (b) by book entries maintained in a State in which the Lender may be granted by book entries a security interest in the securities relating thereto. In the absence of its gross negligence or willful misconduct, the Lender shall not have any liability out of or in connection with any investment made in accordance with the provisions herein or for any loss or decline in value of any investment or from any loss resulting directly or indirectly from any investment made pursuant to and in accordance with the provisions hereof.any

Maintaining the Collateral Account. Until the Termination Date of this Agreement: (i) The Borrower will shall maintain the Collateral Account with a financial institution approved by the Lender. (ii) All monies received by the Lender while a Default or an Event of Default has occurred and is continuing, and any monies received as a result of investments made as contemplated by subsection 4.2(c)(iii) hereof, shall be deposited in the Collateral Account. (iii) Pending the disbursement thereof pursuant to the terms of this Agreement, all monies in the Collateral Account shall (to the extent it is practical to do so) be invested by the Lender in Cash Equivalents. All such investments shall be evidenced either (a) by negotiable certificates or instruments which that are held by or for the account of the Lender or (b) by book entries maintained in a State in which the Lender may be granted by book entries a security interest in the securities relating thereto. In the absence of its gross negligence or willful misconduct, the Lender shall not have any liability out of or in connection with any investment made in accordance with the provisions herein or for any loss or decline in value of any investment or from any loss resulting directly or indirectly from any investment made pursuant to and in accordance with the provisions hereof.