Common use of Receipt of Collateral; Approved Investments Clause in Contracts

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark xxxx its books and records to identify the Lender's ownership xxxxeof thereof as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof thexxxx as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay and the Bank on demand cash shall share the responsibility for making up the amount of the shortfall in an amount equal acordance with the fee split as may be agreed to such deficiencyin writing by the parties hereto from time to time. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) The Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. Subject to the foregoing standard of care and any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof oxxxxship thereof as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark xxxx its books and records to identify the Lender's ownership xxxxeof thereof as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay and the Bank on demand cash shall share the responsibility for making up the amount of the shortfall in an amount equal acordance with the fee split as may be agreed to such deficiencyin writing by the parties hereto from time to time. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) The Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. Subject to the foregoing standard of care and any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof as therexx xs appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof therxxx as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof as appropriatethereof xx xppropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay the Bank on demand cash in an amount equal to such deficiency. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) Subject to any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof therxxx as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay and the Bank on demand cash shall share the responsibility for making up the amount of the shortfall in an amount equal acordance with the fee split as may be agreed to such deficiencyin writing by the parties hereto from time to time. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) The Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. Subject to the foregoing standard of care and any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.

Receipt of Collateral; Approved Investments. (a) For each loan hereunder the Bank shall (i) initially receive (a) Collateral equivalent to no less than 102% of the market value of the Securities lent in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, or (b) Collateral equivalent to no less than 105% of the market value of the Securities lent in the case of lent Securities that are not denominated in U.S. Dollars or whose primary trading market is not located in the United States, and (ii) thereafter shall request on a daily basis as necessary additional Collateral, (a) which in the case of lent Securities denominated in U.S. Dollars or whose primary trading market is located in the United States or sovereign debt issued by foreign governments, shall be an amount such that the value of the Cash Collateral in no event be equivalent to less than 101.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement), and (b) which in the case of other types of lent Securities, shall be an amount such that the value of the Collateral in no event be equivalent to less than 104.5% of the market value of the Securities lent (as determined in accordance with the applicable Securities Borrowing Agreement). The Bank is hereby authorized and directed, without obtaining any further approval from the Lender, to invest and reinvest all or substantially all of the Cash Collateral received in any Approved Investment. The Bank shall credit all Collateral, Approved Investments and Distributions received with respect to Collateral and Approved Investments to the Collateral Account and mark its books and records to identify the Lender's ownership xxxxeof as appropriate. (b) All Approved Investments shall be for the account and risk of the Lender. To the extent any loss arising out of Approved Investments results in a deficiency in the amount of Collateral available for return to a Borrower pursuant to the Securities Borrowing Agreement, the Lender agrees to pay and the Bank on demand cash shall share the responsibility for making up the amount of the shortfall in an amount equal acordance with the fee split as may be agreed to such deficiencyin writing by the parties hereto from time to time. (c) Except as otherwise provided herein, all Collateral, Approved Investments and Distributions credited to the Collateral Account shall be controlled by, and subject only to the instructions of, the Bank, and the Bank shall not be required to comply with any instructions of the Lender with respect to the same. (d) The Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. Subject to the foregoing standard of care and any agreed upon limits imposed by the Lender in writing on the investment of Collateral, the Bank does not assume any market or investment risk of loss with respect to the investment of Cash Collateral. Subject to the foregoing, the Bank shall exercise reasonable care, skill, diligence and prudence in the administration and investment of Collateral. If the income from the Collateral so invested is insufficient to pay the Rebate, the Lender and the Bank shall share the responsibility for making up the amount of the shortfall in accordance with the fee split as may be agreed to in writing by the parties hereto from time to time. The parties hereto agree that the Bank does not have investment discretion over the Collateral.