Common use of Revenues Clause in Contracts

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There is hereby established a special trust fund in the name of the Issuer which shall be designated the "Industrial Development Revenue Bonds (Color Image, Inc. Project) Bond Fund". The Trustee shall be the depository, custodian and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i) the "Letter of Credit Account" and (ii) the "General Account." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section. (b) There shall be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn by the Trustee under the Letter of Credit for the purpose of paying the principal amount of the Bonds and the premium (if any) on the Bonds, and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement with respect to Debt Service on the Bonds, which shall be deposited in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) All other money received by the Trustee when accompanied by written directions that such money is to be deposited in the Bond Fund, which shall be deposited in the General Account. (c) If the Letter of Credit is then in effect, on each Bond Payment Date, the Trustee shall, without making any prior claim or demand upon the Users for the payment of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (as stated in the Letter of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of Credit. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower’s properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Agent at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company’s Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower’s or such Subsidiary’s accounts with the Agent. (The Trustee shall be foregoing covenant is separate from the depository, custodian Agent’s right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Subsections 3.1(a) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower, the Agent and the Lenders acknowledge that Collateral is comprised in part of the Borrower’s undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit for another Person attributable to such other Person’s working interest or royalty or overriding royalty interest (“Other Revenues”) are deposited into the purpose of paying revenue clearing account at the principal amount of Agent, then the Bonds Agent and the premium Lenders agree that such Other Revenues will be released by the Agent to such Persons (even if anyan Event of Default has occurred and is continuing) on upon the Bondsreceipt by the Agent of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower’s funds). The Agent and the interest due thereon on Lenders shall not be liable, however, for any Bond Payment Date; actions by Agent which shall be deposited are taken in compliance with the Letter terms of Credit Account, (2) All Basic Payments under this Agreement and the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Agent received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Agent’s or the Required Lenders’ request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Agent, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes Upon the release of the Collateral pertaining to Endeavor under the conditions set forth in Section 3.6, this Section 5.17 shall no longer apply to Endeavor and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified aboveits monies. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower's properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Agent at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company's Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower's or such Subsidiary's accounts with the Agent. (The Trustee shall be foregoing covenant is separate from the depository, custodian Agent's right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Sections 3.1(a)(x) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower, the Agent and the Banks acknowledge that Collateral is comprised in part of the Borrower's undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit for another Person attributable to such other Person's working interest or royalty or overriding royalty interest ("Other Revenues") are deposited into the purpose of paying revenue clearing account at the principal amount of Agent, then the Bonds Agent and the premium Banks agrees that such Other Revenues will be released by the Agent to such Persons (even if anyan Event of Default has occurred and is continuing) on upon the Bondsreceipt by the Agent of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower's funds). The Agent and the interest due thereon on Banks shall not be liable, however, for any Bond Payment Date; actions by Agent which shall be deposited are taken in compliance with the Letter terms of Credit Account, (2) All Basic Payments under this Agreement and the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Agent received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Agent's or the Required Banks' request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Agent, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower's properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Lender at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company's Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower's or such Subsidiary's accounts with the Lender. (The Trustee shall be foregoing covenant is separate from the depository, custodian Lender's right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Sections 7.1(m) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower and the Lender acknowledge that Collateral is comprised in part of the Borrower's undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit another Person attributable to such other Person's working interest or royalty or overriding royalty interest ("Other Revenues") are deposited into the revenue clearing account at Lender, then the Lender agrees that such Other Revenues will be released by the Lender to such Persons (even if an Event of Default has occurred and is continuing) upon the receipt by the Lender of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower's funds). The Lender shall not be liable, however, for any actions by Lender which are taken in compliance with the purpose terms of paying the principal amount of the Bonds this Agreement and the premium (if any) on the Bonds, and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Lender received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Lender's request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Lender, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There is hereby established a special trust fund in In the name of the Issuer which shall be designated the "Industrial Development Revenue Bonds (Color Image, Inc. Project) Bond Fund". The Trustee shall be the depository, custodian and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: event either (i) Buyer receives revenues attributable to any of the "Letter of Credit Account" and (ii) Assets for any periods prior to the "General Account." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable Effective Time or (ii) any Seller receives revenues attributable to reimburse any of the Credit Obligor Assets for amounts drawn under any periods after the Letter Effective Time which revenues, in either case, are not accounted for in the Preliminary Settlement Statement or the Final Settlement Statement, the receiving Party will hold such revenues for the exclusive benefit of Creditthe Party entitled thereto pursuant to this Agreement and, as provided in subsection if not taken into account for purposes of the Final Settlement Statement, shall promptly deliver such funds to the appropriate Party within thirty (d30) of this Sectiondays after receipt. (b) There shall be deposited In the event either (i) Buyer pays monies for Operating Expenses attributable to any of the Assets for any periods prior to the Effective Time, or (ii) any Seller pays monies for Operating Expenses attributable to any of the Assets for any periods after the Effective Time which payment, in either case, is not accounted for in the Bond Fund; as Preliminary Settlement Statement or the Final Settlement Statement, then (A) such paying Party shall deliver the owing Party (or the Seller’s Representatives, if Buyer is the paying Party) an invoice and when received: (1) in the manner provided in subsection 8.01(c), all money drawn by the Trustee under the Letter proof of Credit for the purpose of paying the principal amount of the Bonds and the premium (if any) on the Bonds, and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement payment with respect to Debt Service on such Operating Expenses, and (B) within 30 days after receipt of the Bonds, which shall be deposited in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) All other money applicable invoice and proof of payment are received by Buyer or the Trustee when accompanied by written directions Seller’s Representatives, as applicable, the owing Party (or the Seller’s Representatives, if a Seller is the owing Party) shall reimburse the Party that paid such money is to be deposited in the Bond Fund, which shall be deposited in the General AccountOperating Expenses. (c) If In the Letter event that any Party (i) receives an invoice of Credit an expense or obligation which is owed by the other Party, then in effectif such Party receiving the invoice is (A) a Seller, on each Bond Payment Datesuch Seller shall promptly forward such invoice to Buyer, the Trustee shalland (B) Buyer, without making any prior claim or demand upon the Users for the payment of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal Buyer shall promptly forward such invoice to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds Seller’s Representatives, and (ii) by receives an invoice or other evidence of an obligation that is partially an obligation of both Buyer, on the one hand, and any Seller, on the other hand, then Buyer and the Seller’s Representatives shall consult with one another other, and following such time (as stated in the Letter of Credit) in advance as consultation each owing Party shall enable the Trustee to promptly pay said Debt Service from the proceeds its portion of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, obligation to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of Creditobligee. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower’s properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Agent at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company’s Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower’s or such Subsidiary’s accounts with the Agent. (The Trustee shall be foregoing covenant is separate from the depository, custodian Agent’s right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Subsections 3.1(a)(xi) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower, the Agent and the Lenders acknowledge that Collateral is comprised in part of the Borrower’s undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit for another Person attributable to such other Person’s working interest or royalty or overriding royalty interest (“Other Revenues”) are deposited into the purpose of paying revenue clearing account at the principal amount of Agent, then the Bonds Agent and the premium Lenders agree that such Other Revenues will be released by the Agent to such Persons (even if anyan Event of Default has occurred and is continuing) on upon the Bondsreceipt by the Agent of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower’s funds). The Agent and the interest due thereon on Lenders shall not be liable, however, for any Bond Payment Date; actions by Agent which shall be deposited are taken in compliance with the Letter terms of Credit Account, (2) All Basic Payments under this Agreement and the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Agent received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Agent’s or the Required Lenders’ request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Agent, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There is hereby established a special trust fund in In the name of the Issuer which shall be designated the "Industrial Development Revenue Bonds (Color Image, Inc. Project) Bond Fund". The Trustee shall be the depository, custodian and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: event either (i) Buyer receives revenues attributable to any of the "Letter of Credit Account" and (ii) Assets for any periods prior to the "General Account." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable Effective Time or (ii) any Seller receives revenues attributable to reimburse any of the Credit Obligor Assets for amounts drawn under any periods after the Letter Effective Time which revenues, in either case, are not accounted for in the Preliminary Settlement Statement or the Final Settlement Statement, the receiving Party will hold such revenues for the exclusive benefit of Creditthe Party entitled thereto pursuant to this Agreement and, as provided in subsection if not taken into account for purposes of the Final Settlement Statement, shall promptly deliver such funds to the appropriate Party within thirty (d30) of this Sectiondays after receipt. (b) There shall be deposited In the event either (i) Buyer pays monies for Operating Expenses attributable to any of the Assets for any periods prior to the Effective Time, or (ii) any Seller pays monies for Operating Expenses attributable to any of the Assets for any periods after the Effective Time which payment, in either case, is not accounted for in the Bond Fund; as Preliminary Settlement Statement or the Final Settlement Statement, then (A) such paying Party shall deliver the owing Party (or the Seller’s Representative, if Buyer is the paying Party) an invoice and when received: (1) in the manner provided in subsection 8.01(c), all money drawn by the Trustee under the Letter proof of Credit for the purpose of paying the principal amount of the Bonds and the premium (if any) on the Bonds, and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement payment with respect to Debt Service on such Operating Expenses, and (B) within 30 days after receipt of the Bonds, which shall be deposited in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) All other money applicable invoice and proof of payment are received by Buyer or the Trustee when accompanied by written directions Seller’s Representative, as applicable, the owing Party (or the Seller’s Representative, if a Seller is the owing Party) shall reimburse the Party that paid such money is to be deposited in the Bond Fund, which shall be deposited in the General AccountOperating Expenses. (c) If In the Letter event that any Party (i) receives an invoice of Credit an expense or obligation which is owed by the other Party, then in effectif such Party receiving the invoice is (A) a Seller, on each Bond Payment Datesuch Seller shall promptly forward such invoice to Buyer, the Trustee shalland (B) Buyer, without making any prior claim or demand upon the Users for the payment of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal Buyer shall promptly forward such invoice to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds Seller’s Representative, and (ii) by receives an invoice or other evidence of an obligation that is partially an obligation of both Buyer, on the one hand, and any Seller, on the other hand, then Buyer and the Seller’s Representative shall consult with each other, and following such time (as stated in the Letter of Credit) in advance as consultation each owing Party shall enable the Trustee to promptly pay said Debt Service from the proceeds its portion of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, obligation to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of Creditobligee. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01By the terms of the various Mortgages, certain Grantors may be assigning to the Collateral Agent, for the benefit of the Lender Parties, all of the “Revenues” (as defined therein) accruing to the property covered thereby. Bond Fund Notwithstanding any such assignments, so long as no Event of Default has occurred and Letter of Credit Draws ------------------------------------ is continuing, (a) There is such Grantors may continue to receive and collect from the payors of such Revenues all such Revenues, subject, however, to the Liens created under the Security Documents, which Liens are hereby established a special trust fund in affirmed and ratified, and free and clear of such Liens, use the name proceeds of the Issuer which shall be designated the "Industrial Development Revenue Bonds (Color ImageRevenues, Inc. Project) Bond Fund". The Trustee shall be the depository, custodian and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i) the "Letter of Credit Account" and (ii) the "General Account." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section. (b) There shall the Collateral Agent will not notify the obligors of such Revenues or take any other action to cause proceeds thereof to be deposited remitted to the Collateral Agent and (c) the Collateral Agent will not revoke the “License” (as defined in the Bond Fund; as Mortgage). Upon the occurrence of a Event of Default, the Collateral Agent may revoke the License and when received: (1) in the manner provided in subsection 8.01(c), exercise all money drawn by the Trustee rights and remedies granted under the Letter Security Documents, including the right to obtain possession of Credit for all Revenues then held by such Grantors or to receive directly from the purpose payors of paying such Revenues all other Revenues until such time as such Event of Default is no longer continuing. If the principal amount Collateral Agent shall receive any Revenue proceeds from any payor at any time other than during the continuance of the Bonds a Event of Default, then it shall notify Grantor thereof and the premium (if anya) on the Bonds, upon request and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement with respect to Debt Service on the Bonds, which shall be deposited in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indentureinstructions of Grantor, which shall be deposited in it shall, if no Event of Default is then continuing, remit such proceeds to Grantor and (b) at the General Accountrequest and expense of the Borrower, and (4) All other money received execute and deliver a letter to such payors confirming Grantor’s right to receive and collect Revenues until otherwise notified by the Trustee when accompanied Collateral Agent. In no case shall any failure, whether purposed or inadvertent, by written directions that the Collateral Agent to collect directly any such money is to be deposited Revenues constitute in the Bond Fundany way a waiver, which shall be deposited in the General Account. (c) If the Letter remission or release of Credit is then in effect, on each Bond Payment Date, the Trustee shall, without making any prior claim or demand upon the Users for the payment of Basic Payments, submit a draft its rights under the Letter Security Documents, nor shall any release of Credit in accordance with any Revenues by the terms thereof(i) in an amount equal Collateral Agent to the amount such Grantors constitute a waiver, remission, or release of Debt Service due on such Bond Payment Date on Bonds any other than Pledged Bonds and (ii) by such time (as stated in the Letter Revenues or of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount rights of the Debt Service Collateral Agent to be so paid, and the money available from such collect other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditRevenues thereafter. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund All rentals, receipts and Letter of Credit Draws ------------------------------------ other revenues (aincluding, but not limited to, reimbursements for Property Expenses, common area maintenance, real and personal property taxes, insurance and other amounts that are reimbursable by the Tenants under the Leases and/or Temporary Occupants under the License Agreements, but excluding percentage rent, if applicable) There is hereby established a special trust fund in (collectively, the name “Revenues”), received by each Seller as of the Issuer Closing, but which are properly allocable to the period after the Proration Date, shall be designated credited to Buyer at the "Industrial Development Revenue Bonds Closing. To the extent there are any Revenues owing to any Seller as of the Closing which relate to periods of time prior to the Proration Date, but which have not actually been collected by such Seller as of the Closing (Color Imageincluding any such amounts that are not yet payable by such Tenants and are payable after Closing, Inc. Projectincluding, without limitation, payments for Taxes) Bond Fund". The Trustee (“Delinquent Revenues”), Buyer shall not be the depository, custodian and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i) the "Letter of Credit Account" and (ii) the "General Account." The money in the Bond Fund shall be used (i) obligated to pay Debt Service on the Bonds as the same shall become due and payable to such Seller (or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section. (b) There shall be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(cgive Seller a credit for), all money drawn by the Trustee under the Letter of Credit for the purpose of paying the principal amount of the Bonds and the premium (if any) on the Bonds, and the interest due thereon on any Bond Payment Date; which shall be deposited in the Letter of Credit Account, (2) All Basic Payments under the Loan Agreement with respect to Debt Service on the Bonds, which shall be deposited in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, which shall be deposited in the General Account, and (4) All other money received by the Trustee when accompanied by written directions that such money is to be deposited in the Bond Fund, which shall be deposited in the General Account. (c) If the Letter of Credit is then in effect, on each Bond Payment Date, the Trustee shall, without making any prior claim or demand upon the Users for the payment of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal to the amount of Debt Service such Delinquent Revenues on the Closing. All Revenues which are received by any Seller or Buyer subsequent to the Closing Date shall be applied: first, to amounts due on to Buyer; and second, to Delinquent Revenues due to such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (as stated Seller; provided, however, in the Letter event that Buyer receives any Revenues that are expressly designated as payments or reimbursements for Taxes allocable (in whole or in part) to the period of Credit) in advance as time prior to the Proration Date, Buyer shall enable the Trustee not be entitled to pay said Debt Service from the proceeds allocate any such payments for Taxes to any other delinquencies of such draft on said Bond Payment Date Tenants under the Leases before first paying to Sellers any allocated share of such Taxes that is owed to Sellers in accordance with full. Each Seller and Buyer hereby agree to promptly remit to the other the amount of any Revenues received and owing to each other pursuant to the provisions of this Indenture Section 11.2(a)(i). Notwithstanding any provision in this Section 11.2 to the contrary, each Seller retains its rights to recover Delinquent Revenues, including, without limitation, the right to collect (without eviction) the same from the Tenants, Temporary Occupants and/or third parties responsible for payment of such Delinquent Revenues. Subject to the terms contained herein and provided that Seller provides Buyer with the appropriate documentation, after Closing Buyer shall send invoices to the Tenants, Temporary Occupants and/or the third parties responsible for payment of any Delinquent Revenues not collected as of the Closing Date on such Seller’s behalf and shall tender the same to such Seller upon receipt (which obligation of Buyer shall survive the Closing and not be merged therein), provided Buyer shall have no further obligations with respect thereto. Any such money drawn under to the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time collection of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid amounts from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTenants, Temporary Occupants, and/or third parties responsible for payment. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower’s properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Agent at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company’s Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower’s or such Subsidiary’s accounts with the Agent. (The Trustee shall be foregoing covenant is separate from the depository, custodian Agent’s right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Subsections 3.1(a)(xi) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower, the Agent and the Banks acknowledge that Collateral is comprised in part of the Borrower’s undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit for another Person attributable to such other Person’s working interest or royalty or overriding royalty interest (“Other Revenues”) are deposited into the purpose of paying revenue clearing account at the principal amount of Agent, then the Bonds Agent and the premium Banks agree that such Other Revenues will be released by the Agent to such Persons (even if anyan Event of Default has occurred and is continuing) on upon the Bondsreceipt by the Agent of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower’s funds). The Agent and the interest due thereon on Banks shall not be liable, however, for any Bond Payment Date; actions by Agent which shall be deposited are taken in compliance with the Letter terms of Credit Account, (2) All Basic Payments under this Agreement and the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Agent received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Agent’s or the Required Banks’ request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Agent, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.

Revenues. SECTION 8.01. Bond Fund and Letter of Credit Draws ------------------------------------ (a) There The Borrower and Endeavor each shall immediately deposit daily all payments for oil or natural gas sales from the Borrower’s properties (whether or not such property is hereby established Collateral), or for resales thereof by Endeavor, to a special trust fund in revenue clearing deposit account with the name of the Issuer which Agent at all times. All such deposits shall be designated made no later than the "Industrial Development Revenue Bonds first Business Day after collection by such Company. Without limiting the foregoing, the Borrower shall use its best efforts to cause all Operators of any Company’s Collateral or purchasers from the Borrower or any Subsidiary (Color Image, Inc. Projectincluding Endeavor) Bond Fund"which make payments for oil or natural gas sales or purchases by electronic transfer payments to change such electronic payments to be made directly to Borrower’s or such Subsidiary’s accounts with the Agent. (The Trustee shall be foregoing covenant is separate from the depository, custodian Agent’s right after an Event of Default to send letters in lieu of transfer orders signed by the Borrower under Subsections 3.1(a)(x) and disbursing agent for the Bond Fund. The Bond Fund shall contain two accounts: (i8.2(c) the "Letter of Credit Account" and (ii) the "General Accountbelow." The money in the Bond Fund shall be used (i) to pay Debt Service on the Bonds as the same shall become due and payable or (ii) to reimburse the Credit Obligor for amounts drawn under the Letter of Credit, as provided in subsection (d) of this Section.) (b) There shall The Borrower, the Agent and the Banks acknowledge that Collateral is comprised in part of the Borrower’s undivided interests in mineral properties for which the Borrower is operator, and accordingly a portion of the payments made to the Borrower from the sale of hydrocarbons from such properties may be deposited in the Bond Fund; as and when received: (1) in the manner provided in subsection 8.01(c), all money drawn owed by the Trustee under Borrower to the Letter non-operator working interest owners or to royalty or overriding royalty owners. In the event that revenues of Credit for another Person attributable to such other Person’s working interest or royalty or overriding royalty interest (“Other Revenues”) are deposited into the purpose of paying revenue clearing account at the principal amount of Agent, then the Bonds Agent and the premium Banks agrees that such Other Revenues will be released by the Agent to such Persons (even if anyan Event of Default has occurred and is continuing) on upon the Bondsreceipt by the Agent of appropriate evidence that such funds are Other Revenues (i.e., are not the Borrower’s funds). The Agent and the interest due thereon on Banks shall not be liable, however, for any Bond Payment Date; actions by Agent which shall be deposited are taken in compliance with the Letter terms of Credit Account, (2) All Basic Payments under this Agreement and the Loan Agreement Collateral Documents with respect to Debt Service on the Bonds, which shall be deposited funds in the General Account, (3) All other money required to be deposited in the Bond Fund pursuant to the Loan Agreement or this Indenture, revenue clearing account that are Other Revenues and which shall be deposited in the General Account, and (4) All other money are taken before Agent received by the Trustee when accompanied by written directions such evidence that such money is to be deposited in the Bond Fund, which shall be deposited in the General Accountfunds are Other Revenues. (c) If Upon the Letter occurrence of Credit is then in effect, on each Bond Payment Dateany Event of Default, the Trustee shallBorrower shall upon Agent’s or the Required Banks' request execute such division orders, without making any prior claim transfer orders or demand upon the Users for the payment letters in lieu thereof as are necessary to direct that all payments of Basic Payments, submit a draft under the Letter of Credit in accordance with the terms thereof(i) in an amount equal mineral production due to the amount of Debt Service due on such Bond Payment Date on Bonds other than Pledged Bonds and (ii) by such time (Borrower from its properties are paid directly to the Agent, including as stated further provided in the Letter Deed of Credit) in advance as shall enable the Trustee to pay said Debt Service from the proceeds of such draft on said Bond Payment Date in accordance with the provisions of this Indenture with respect thereto. Any such money drawn under the Letter of Credit shall be deposited and held in the Letter of Credit Account, which shall be a separate, segregated account in the Bond Fund, and shall not be commingled with other money in the Bond Fund and no investment thereof shall be made. If money from any source other than the Letter of Credit was, at the time of such draw, on deposit in the Bond Fund and available for the payment of Debt Service on Bonds other than Pledged Bonds, the Trustee shall nevertheless draw under the Letter of Credit to make such payment of Debt Service in the amount of the Debt Service to be so paid, and the money available from such other source shall, to the extent of the amount paid by the Credit Obligor against such draw, be paid to the Credit Obligor. All money so drawn under the Letter of Credit shall be used to pay Debt Service on Bonds other than Pledged Bonds; Debt Service on Pledged Bonds shall be paid from the General Account with money deposited in the Bond Fund from any source other than the Letter of CreditTrust. (d) The Issuer hereby authorizes and directs the Trustee to withdraw sufficient money from the Bond Fund to pay Debt Service on the Bonds as the same become due and payable. whether at maturity, by call for redemption, acceleration, or otherwise, which authorization and direction the Trustee hereby accepts. Funds for such payments of Debt Service on the Bonds shall be derived from the sources specified above. (e) Debt Service due on all Pledged Bonds shall be paid to the Credit Obligor.