Procedure for Investment. With respect to the Closing Date for the renewal, consolidation, amendment and restatement of the Existing Leases with respect to the Improvements and the related Sites, subject to the terms and conditions of this Agreement, the Lessor agrees that it shall maintain outstanding its Equity Investment in an amount equal to the Commitment as set forth on Schedule I hereto.
Procedure for Investment. (a) Unless held for the account of the Relevant Obligor and secured by first ranking fixed charge in favour of the Security Agent pursuant to a Transaction Security Document, the Relevant Obligors shall ensure that all Permitted Investments are made in the name of the Relevant Obligor and secured by a first ranking fixed lien in favour of the Security Agent in such form and on such terms as the Agent may reasonably require.
(b) The Relevant Obligors will at all times seek to match the maturities of the Permitted Investments made out of moneys standing to the credit of an Account having regard to the availability of Permitted Investments which are readily marketable, and shall liquidate (or procure that there are liquidated) Permitted Investments to the extent necessary for the purposes of payment of any amount due under the Finance Documents.
(c) The Relevant Obligors shall ensure that all documents of title or other documentary evidence of ownership with respect to Permitted Investments made out of any Account are held in the possession of the Security Agent and, if any such document or other evidence comes into the possession or control of a Relevant Obligor, it shall procure that the same is delivered immediately to the Security Agent.
Procedure for Investment. Unless held for the account of the Company and secured by first ranking fixed charge in favour of the Security Agent pursuant to a Charge over Accounts, the Company shall ensure that all Permitted Investments are made in the name of the Company and secured by a first ranking fixed lien in favour of the Security Agent in such form and on such terms as the Intercreditor Agent may reasonably require.
Procedure for Investment. Upon receipt of the Funding Request, and subject to the terms and conditions of this Agreement, the Lessor agrees that it shall wire transfer its portion of the requested Funding equal to its Lessor Investment Commitment Amount as set forth on Schedule I-B hereto in immediately available funds to the Administrative Agent for further funding to the Escrow Agent and applied in accordance with the Escrow Agreement, all in accordance with Section 2.3.
Procedure for Investment. (a) All Authorised Investments will be made on behalf of the Borrower by the Account Bank on terms which are, in all material respects, no less favourable than the terms on which such investments are made for customers of the Account Bank of similar standing to the Borrower and will be made in the name of the Account Bank.
(b) The Borrower will at all times procure that there are maintained a prudent range of Authorised Investments (and will, if so requested by the Agent, demonstrate the same to its reasonable satisfaction) and will match the maturities of the Authorised Investments made out of moneys standing to the credit of the Authorised Investment Account, having regard to the availability of Authorised Investments which are readily marketable, and shall exercise its rights under Clause 11.4(b) or (at its option) liquidate (or procure that there are liquidated) Authorised Investments to the extent necessary for the purposes of payment of any amount due under the Documents. Insofar as it is possible in respect of each Authorised Investment, the Borrower shall specify that the Investment Proceeds from each such Authorised Investment are to be paid to the Authorised Investment Account.
(c) All documents of title or other documentary evidence of ownership with respect to Authorised Investments made out of the Authorised Investment Account will be held in the possession of the Account Bank and, if any such document or other evidence comes into the possession or control of the Borrower, it shall procure that the same is delivered immediately to the Account Bank.
(d) The Borrower may, from time to time, by notice in writing signed by a duly authorised signatory of the Borrower to the Account Bank or in accordance with the terms of its mandate with the Account Bank:
(i) require the Account Bank to apply an amount in the Authorised Investment Account in the purchase of, or subscription for, an Authorised Investment as may be specified by it in the notice; or
(ii) require the Account Bank to dispose of, realise or otherwise deal with an Authorised Investment as specified in the notice, and the Account Bank shall be bound forthwith, to the extent it is within the Account Bank’s power so to do, to obtain, dispose of, realise or otherwise deal with that Authorised Investment as required in the relevant notice. In so doing the Account Bank shall act for the Borrower on an execution only basis and may assume that the Borrower is not relying on the Account Bank to ex...
Procedure for Investment. (a) Unless held for the account of an Obligor and secured by first ranking fixed charge in favour of the Security Agent pursuant to a Transaction Security Document, the Obligors shall ensure that all Permitted Investments are made in the name of an Obligor and secured by a first ranking fixed security interest in favour of the Security Agent (which Security shall be in form and substance substantially similar to any fixed first ranking account Transaction Security or otherwise in form and substance reasonably satisfactory to the Agent and the Security Agent).
(b) The Obligors will at all times seek to match the maturities of the Permitted Investments made out of moneys standing to the credit of an Account having regard to the availability of Permitted Investments which are readily marketable, and shall liquidate (or procure that there are liquidated) Permitted Investments to the extent necessary for the purposes of making any payment of any amount due under the Finance Documents.
(c) The Obligors shall ensure that all documents of title or other documentary evidence of ownership with respect to Permitted Investments made out of any Account are held in the possession of the Security Agent and, if any such document or other evidence comes into the possession or control of an Obligor, it shall procure that the same is delivered promptly (and, in any event, within three (3) Business Days) to the Security Agent.
Procedure for Investment. 2.2.1 Unless held for the account of the Company or other member of the Restricted Group and secured by first ranking fixed charge in favour of the Security Agent pursuant to a Charge over Accounts, the Company shall ensure that all Permitted Investments are made in the name of the Company and secured by a first ranking fixed lien in favour of the Security Agent in such form and on such terms as the Intercreditor Agent may reasonably require.
2.2.2 The Company will at all times seek to match the maturities of the Permitted Investments made out of moneys standing to the credit of an Account having regard to the availability of Permitted Investments which are readily marketable, and shall liquidate (or procure that there are liquidated) Permitted Investments to the extent necessary for the purposes of payment of any amount due under the Senior Finance Documents.
2.2.3 The Company shall ensure that all documents of title or other documentary evidence of ownership with respect to Permitted Investments made out of any Account are held in the possession of the Security Agent and, if any such document or other evidence comes into the possession or control of the Company or any other Obligor, it shall procure that the same is delivered immediately to the Security Agent.
Procedure for Investment. Upon receipt of an Advance Request, and subject to the terms and conditions of this Agreement, the Lessor agrees that it shall wire transfer its portion of the requested Advance equal to the lesser of (i) its Commitment Percentage multiplied by the amount requested for such Advance, and (ii) its Available Commitment, in immediately available funds to the Administrative Agent for further funding to Lessee or the Construction Agent, as applicable, as set forth in Section 2.3.
Procedure for Investment. With respect to (i) the Closing Date for the acquisition of the Existing Improvements and the related Sites and (ii) the Construction Period on any Advance Date for the acquisition of the Unimproved Land and Construction of the New Improvements (Fremont 3E), upon receipt of an Advance Request pursuant to Section 3.3(a), and, in each case, subject to the terms and conditions of this Agreement, the Lessor agrees that it shall wire transfer a portion of its Equity Investment equal to the amount of the Advance set forth in such Advance Request, in immediately available federal funds to such account as the Constructor shall have indicated in the Advance Request and for same day value; provided, that if the terms and conditions for such Advance set forth herein have not been satisfied by 5:00 p.m. New York time on the Business Day immediately preceding such Advance Date, the Lessor shall not be obligated to maintain the availability of its funds for such Advance unless the Lessor has received a satisfactory indemnity for the investment of such funds. Notwithstanding any other provision hereof, Lessor shall not be obligated to make available any Equity Investment if, after giving effect to the proposed Equity Investment, the aggregate outstanding Equity Investment of Lessor shall exceed the Lessor’s Commitment.
