Common use of No Segregation of Moneys; No Interest; Investments Clause in Contracts

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b), no money received by the Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) Any amounts held by the Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided shall be invested and reinvested by the Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the Company, except that in the absence of any such direction or after an Indenture Event of Default shall have occurred and be continuing, such amounts shall be so invested by the Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturity. Any net income or gain realized as a result of any such investments shall be held as part of the Indenture Estate and shall be applied by the Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its request. Any such Specified Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trustee.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by lawHolders, and any such money may the Charterer or the Owner Trust shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at of (i) the risk and expense Charterer if such amounts would be payable to the Charterer upon satisfaction of any applicable conditions; or (ii) the Owner Participant in the case of the Companyremaining portion of such amounts; provided, except however, that in the absence of event there shall be continuing any such direction or after an Indenture Event of Default Default, such directions may be given exclusively by a Majority in Interest of Holders of Notes. The Indenture Trustee shall have occurred and no liability for any loss resulting from any investment required to be continuing, made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such amounts shall be so invested by the Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by lawHolders, and any such money may the Charterer or the Owner Trust shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at of (i) the risk and expense Charterer if such amounts would be payable to the Charterer upon satisfaction of any applicable conditions; or (ii) the Owner Participant in the case of the Companyremaining portion of such amounts; provided, except however, that in the absence of event there shall be continuing any such direction or after an Indenture Event of Default Default, such directions may be given exclusively by a Majority in Interest of Holders of Notes provided further, that in the event the Indenture Trustee shall not have occurred and be continuingreceived such written direction from such appropriate party, such amounts shall be so invested by the Trustee in Specified Investments investments of the type specified described in clause (fiv) of the definition thereof, except as provided below, and the of Permitted Investments. The Indenture Trustee shall hold have no liability for any loss resulting from any investment required to be made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b7.04(b), no money moneys received by the Indenture Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money moneys may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Indenture Trustee, and, except as otherwise agreed by the Owner Trustee or the Indenture Trustee, as the case may be, neither the Owner Trustee nor the Indenture Trustee shall not be liable for any interest thereon. (b) Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture or the Lease and not required to be distributed as herein provided shall be invested and reinvested by the Indenture Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the CompanyLessee, except that in the absence of any such direction or direction, such amounts need not be invested and reinvested and except that after an Indenture a Lease Event of Default shall have occurred and be continuing, such amounts shall be so invested and reinvested by the Indenture Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityIndenture Investments. Any net income or gain realized as a result of any such investments or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof or of the Lease pursuant to which such amounts were required to be held and if no Indenture Lease Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requestLessee. Any such Specified Investments or Indenture Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Indenture Trustee whenever necessary to make any application as required by such provisionprovisions. The Indenture Trustee shall have no liability for any loss resulting from any such investment or reinvestment other than by reason of the willful misconduct or gross negligence of the Indenture Trustee.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by lawHolders, and any such money may the Lessee or the Owner Trustee shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied -------- hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at of (i) the risk and expense Lessee if such amounts would be payable to the Lessee upon satisfaction of any applicable conditions; or (ii) the Owner Participant in the case of the Company, except that in the absence remaining portion of any such direction or after an amounts. The Indenture Event of Default Trustee shall have occurred and no liability for any loss resulting from any investment required to be continuing, made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such amounts shall be so invested by the Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b6.04(b), no money moneys received by the Indenture Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money moneys may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Indenture Trustee, and, except as otherwise agreed by the Owner Trustee or the Indenture Trustee, as the case may be, neither the Owner Trustee nor the Indenture Trustee shall not be liable for any interest thereon. (b) Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture or the Lease and not required to be distributed as herein provided shall be invested and reinvested by the Indenture Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the CompanyLessee, except that in the absence of any such direction or direction, such amounts need not be invested and reinvested and except that after an Indenture a Lease Event of Default shall have occurred and be continuing, such amounts shall be so invested and reinvested by the Indenture Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityIndenture Investments. Any net income or gain realized as a result of any such investments or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof or of the Lease pursuant to which such amounts were required to be held and if no Indenture Lease Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requestLessee. Any such Specified Investments or Indenture Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Indenture Trustee whenever necessary to make any application as required by such provisionprovisions. The Indenture Trustee shall have no liability for any loss resulting from any such investment or reinvestment other than by reason of the willful misconduct or gross negligence of the Indenture Trustee.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by lawHolders, and any such money may the Charterer or the Owner Trustee shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied -------- hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at of (i) the risk and expense Charterer if such amounts would be payable to the Charterer upon satisfaction of any applicable conditions; or (ii) the Owner Participant in the case of the Companyremaining portion of such amounts; provided, except however, that in the absence of event there -------- ------- shall be continuing any such direction or after an Indenture Event of Default Default, such directions may be given exclusively by a Majority in Interest of Holders of Notes provided further, that -------- ------- in the event the Indenture Trustee shall not have occurred and be continuingreceived such written direction from such appropriate party, such amounts shall be so invested by the Trustee in Specified Investments investments of the type specified described in clause (fiv) of the definition thereof, except as provided below, and the of Permitted Investments. The Indenture Trustee shall hold have no liability for any loss resulting from any investment required to be made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b7.04(b), no money moneys received by the Indenture Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money moneys may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Indenture Trustee, and, except as otherwise agreed by the Owner Trustee or the Indenture Trustee, as the case may be, neither the Owner Trustee nor the Indenture Trustee shall not be liable for any interest thereon. (b) Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture or the Lease and not required to be distributed as herein provided shall be invested and reinvested by the Indenture Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the CompanyLessee, except that in the absence of any such direction or direction, such amounts need not be invested and reinvested and except that after an Indenture a Lease Event of Default shall have occurred and be continuing, such amounts shall be so invested and reinvested by the Indenture Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityIndenture Investments. Any net income or gain realized as a result of any such investments or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its request. Any such Specified Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trustee.,

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b6.4(b) and 6.4(c), no money moneys received by the Indenture Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money moneys may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Indenture Trustee, and, except as otherwise agreed by the Owner Trustee or the Indenture Trustee, as the case may be, neither the Owner Trustee nor the Indenture Trustee shall not be liable for any interest thereon.. Trust Indenture and Security Agreement (GARC II 98-A) (b) Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture or the Lease and not required to be distributed as herein provided shall be invested and reinvested by the Indenture Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the CompanyLessee, except that in the absence of any such direction or direction, such amounts need not be invested and reinvested and except that after an Indenture a Lease Event of Default shall have occurred and be continuing, such amounts shall be so invested and reinvested by the Indenture Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityIndenture Investments. Any net income or gain realized as a result of any such investments or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof or of the Lease pursuant to which such amounts were required to be held and if no Indenture Lease Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requestCollateral Agent. Any such Specified Investments or Indenture Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Indenture Trustee whenever necessary to make any application as required by such provisionprovisions. The Indenture Trustee shall have no liability for any loss resulting from any such investment or reinvestment other than by reason of the willful misconduct or gross negligence of the Indenture Trustee. (c) On or prior to the Closing Date, the Indenture Trustee shall establish and thereafter maintain, in the name of the Indenture Trustee, for the benefit of the holders of the Equipment Notes, at the offices of the Indenture Trustee, a segregated account (the "Payment Account") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the holders of the Equipment Notes, but subject to the terms and conditions of this Indenture. The Indenture Trustee shall have sole dominion and control over the Payment Account and all amounts on deposit therein, including the sole power to direct withdrawals from the Payment Account. Amounts may be withdrawn from the Payment Account only in accordance with the provisions of Article III of this Indenture and only by officers and employees authorized by the Indenture Trustee in writing.

No Segregation of Moneys; No Interest; Investments. (a) Subject to Section 5.12(b7.04(b), no money moneys received by the Indenture Trustee hereunder need be segregated in any manner except to the extent required by law, and any such money moneys may be deposited under such general conditions for the holding of trust funds as may be prescribed by law applicable to the Indenture Trustee, and, except as otherwise agreed by the Indenture Trustee, the Trustee it shall not be liable for any interest thereon. (b) Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided shall be invested and reinvested by the Indenture Trustee from time to time in Specified Investments at the written direction and at the risk and expense of the CompanyOwner, except that in the absence of any such direction or direction, such amounts need not be invested and reinvested and except that after an Indenture Event of Default shall have occurred and be continuing, such amounts shall be so invested and reinvested by the Indenture Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityIndenture Investments. Any net income or gain realized as a result of any such investments or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same times, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requestOwner. Any such Specified Investments or Indenture Investments may be sold or otherwise reduced to cash (without regard to maturity date) by the Indenture Trustee whenever necessary to make any application as required by such provisionprovisions. The Indenture Trustee shall have no liability for any loss resulting from any such investment or reinvestment other than by reason of the willful misconduct or gross negligence of the Indenture Trustee.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by law, and any such money may Holders or EEX shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at the risk and expense of the CompanyEEX; provided, except however, that in the absence of event there shall be continuing any such direction or after an Indenture Event of Default such directions may be given exclusively by a Majority in Interest of Holders of Notes. The Indenture Trustee shall have occurred and no liability for any loss resulting from any investment required to be continuing, made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such amounts shall be so invested by the Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.

No Segregation of Moneys; No Interest; Investments. (a) Subject Any moneys paid to Section 5.12(b), no money received or retained by the Indenture Trustee hereunder need pursuant to any provision hereof and not then required to be segregated in any manner except distributed to the extent required by lawHolders, and any such money may the Lessee or the Grantor Trustee shall be deposited under such general conditions in a separate, interest bearing cash collateral account; provided that any payments received or applied hereunder by the Indenture Trustee shall be accounted for by the holding of trust funds Indenture Trustee so that any portion thereof paid or applied pursuant hereto shall be identifiable as may be prescribed by law applicable to the Trustee, and, except as otherwise agreed by the Trustee, the Trustee shall not be liable for any interest thereon. (b) source thereof. Any amounts held by the Indenture Trustee pursuant to the express terms of this Indenture and not required to be distributed as herein provided or any other Operative Document shall be invested and reinvested by the Indenture Trustee from time to time in Specified Permitted Investments at the written direction and at of (i) the risk and expense Lessee if such amounts would be payable to the Lessee upon satisfaction of any applicable conditions; or (ii) the Owner Participant in the case of the Companyremaining portion of such amounts; provided, except however, that in the absence of event there shall be continuing any such direction or after an Indenture Event of Default such directions may be given exclusively by a Majority in Interest of Holders of Notes. The Indenture Trustee shall have occurred and no liability for any loss resulting from any investment required to be continuing, made hereunder other than by reason of its own willful misconduct or negligence in failing to comply with such amounts shall be so invested by the Trustee in Specified Investments of the type specified in clause (f) of the definition thereof, except as provided below, and the Trustee shall hold any such Specified Investments until maturityinstructions. Any net income or gain realized as a result of any such investments investment or reinvestment shall be held as part of the Indenture Estate and shall be applied by the Indenture Trustee at the same timestime, on the same conditions and in the same manner as the amounts in respect of which such income or gain was realized are required to be distributed in accordance with the provisions hereof pursuant to which such amounts were required to be held and if no Indenture Event of Default shall have occurred and be continuing any excess shall be paid to the Company upon its requesthereof. Any such Specified Investments Permitted Investment may be sold or otherwise reduced to cash (without regard to maturity datematurity) by the Indenture Trustee whenever necessary to make any application as required by such provision. The Trustee shall have no liability for the terms of this Indenture or of any loss resulting from any such investment other than by reason of the willful misconduct or negligence of the Trusteeapplicable Operative Document.