Treatment of Cash. From the date of this Agreement until the Distribution, except as otherwise provided in this Section 2.7, TriMas will be entitled to use, retain or otherwise dispose of all cash generated by the Horizon Business and the Horizon Assets in accordance with the ordinary course operation of TriMas’s cash management systems. All cash and cash equivalents held by any member of the Horizon Group as of the Distribution will be a Horizon Asset and all cash and cash equivalents held by any member of the TriMas Group as of the Distribution will be a TriMas Asset.
Treatment of Cash. (a) Upon receipt of Proper Instructions, the Custodian shall arrange for the purchase of Interest Bearing Deposits, mutual funds designated in writing by a Fund (including, without limitation, money market funds and any other mutual fund with respect to which Custodian or an Affiliate of Custodian serves as an investment adviser, administrator, shareholder servicing agent, and/or custodian or subcustodian) or any other investment option that the Custodian makes available for such purposes and which the Fund selects through such Proper Instructions with cash maintained in the U.S. credited to the Account of a Fund or Series. The Custodian shall purchase such Interest Bearing Deposits in the name of the Custodian on behalf of the applicable Fund or Series with such Banking Institutions and in such amounts as the applicable Fund or Series may direct pursuant to Proper Instructions. Such Interest Bearing Deposits may be denominated in U.S. dollars or other currencies, where available, as the applicable Fund or Series may determine and direct pursuant to Proper Instructions. The Custodian shall include in its records with respect to the assets of each Fund or Series appropriate notation as to the amount and currency of each such Interest Bearing Deposit, the accepting Banking Institution and all other appropriate details, and shall receive and retain such forms of advice or receipt, if any, evidencing such Interest Bearing Deposit as may be forwarded to the Custodian by the Banking Institution. The responsibilities of the Custodian to each Fund for Interest Bearing Deposits accepted on the Custodian’s books in the United States on behalf of a Fund or Series shall be that of an U.S. bank for a similar deposit. Furthermore, in this regard, Custodian is directed automatically to arrange for the redemption of such mutual fund shares as may be necessary to avoid any potential overdraft hereunder that Custodian reasonably believes is likely to occur based upon the information available to Custodian at the time of such redemption or withdrawal.
(b) The Custodian shall settle the purchase of Interest Bearing Deposits, mutual funds or other investments on behalf of the applicable Fund or Series with another Banking Institution and in such amounts as the applicable Fund or Series may direct pursuant to Proper Instructions. With respect to such settlement, the Custodian shall include in its records a notation as to the amount and a description of each such investment and ...
Treatment of Cash. (a) Prior to the Distribution, each of the HII Entities shall make capital and other expenditures and operate its cash management, accounts payable and receivables collection systems in the ordinary course consistent with prior practice.
(b) From the date of this Agreement until the HII Contribution, NGC (prior to the Holding Company Reorganization) and New NGC (after the Holding Company Reorganization) shall be entitled to use, retain or otherwise dispose of all cash generated by the Shipbuilding Business and the Shipbuilding Assets in accordance with the ordinary course operation of NGC’s and New NGC’s respective cash management systems. All such cash shall be a Retained Asset.
Treatment of Cash. (a) Prior to the Distribution, the members of the Spinco Group shall make capital and other expenditures and operate their respective cash management, accounts payable and receivables collection systems in the ordinary course consistent with past practice.
(b) From the date of this Agreement until the Distribution, L-3 shall be entitled to use, retain or otherwise dispose of all cash generated by the Spinco Business and the Spinco Assets in accordance with the ordinary course operation of L-3’s cash management system. Notwithstanding anything to the contrary herein, all such cash shall be an L-3 Asset.
Treatment of Cash. From the date of this Agreement until the Distribution, except as separately provided pursuant to the Internal Reorganization with respect to the Cash Equivalents distributed or paid to the Hertz Entities in connection with the HERC Cash Transfers, which are to be a Hertz Asset upon the completion of the Internal Reorganization and from and after the Distribution, Old Hertz Holdings shall be entitled to use, retain or otherwise dispose of all Cash Equivalents generated by the Car Rental Business and the Hertz Assets in accordance with the ordinary course operation of Old Hertz Holdings’ cash management systems. All Cash Equivalents held by any member of the Hertz Group as of the Distribution shall be a Hertz Asset and all Cash Equivalents held by any member of the HERC Holdings Group as of the Distribution shall be a HERC Holdings Asset.
Treatment of Cash. (a) From the date of this Agreement until the Cut-Off Time, the Spinco Companies shall make capital and other expenditures and operate their respective businesses and operations, including cash management, accounts payable and receivables collection systems, in the ordinary course of business consistent with past practice and subject to Applicable Law (including any Applicable Law regarding the payment of dividends or distributions) and any Contract applicable to any Parent Company or any Spinco Company or their respective businesses.
(b) From the date of this Agreement until the Cut-Off Time, Parent shall be entitled to use, retain or otherwise dispose of all cash generated by the Spinco Business and the Transferred Assets, subject to Applicable Law and any Contract applicable to any Parent Company or any Spinco Company or their respective businesses.
(c) After the Cut-Off Time, no Spinco Company shall pay or declare any cash dividend or distribution of cash to any Parent Company, or otherwise make any cash payment to any Parent Company that would otherwise have the effect of reducing the Closing Cash after the Cut-Off Time prior to the Closing, except (i) the Spinco Special Cash Payment, or (ii) if expressly provided for in this Agreement (other than Section 2.06(b)) or any other Transaction Document.
Treatment of Cash. (a) It is the intention of the parties that the Transferred Assets will not include any Cash held by any Transferred Entity (or Placer or any other Affiliate of Placer) on October 31, 2005. Barrick shall be entitled to transfer the amount of Cash held by the Transferred Entities on October 31, 2005 to entities that are not Transferred Entities before the Closing Date.
(b) It is the further intention of the parties that after October 31, 2005 any cash generated by the Goldcorp Assets and any cash required in connection with the operations of the Goldcorp Assets and the discharge of Goldcorp Liabilities will be for the account of Goldcorp. Similarly, it is the intention of the parties that after October 31, 2005 any cash generated by Placer's assets other than the Goldcorp Assets and any cash required in connection with the operations of Placer's assets other than the Goldcorp Assets and discharge of Placer's liabilities other than the Goldcorp Liabilities will be for the account of Barrick. Prior to the Closing Date, the parties will cooperate to identify and agree to the cash generated by and used by the Goldcorp Assets and the Goldcorp Liabilities, on the one hand, and the other assets and liabilities of Placer, on the other hand, from November 1, 2005 to the Closing Date. If the cash generated by the Goldcorp Assets less the cash used in connection with the operations of the Goldcorp Assets and the discharge of Goldcorp Liabilities, from November 1, 2005 to the Closing Date, is positive, then the Transferred Assets will include cash in the amount of such excess. If the cash generated by the Goldcorp Assets less the cash used in connection with the operations of the Goldcorp Assets and the discharge of Goldcorp Liabilities, from November 1, 2005 to the Closing Date, is negative, then the Purchase Price will be increased by the amount of such deficiency and no cash will be included in the Transferred Assets.
Treatment of Cash. 1. Agent shall at all times maintain the Distribution Account as a segregated account for any cash being held therein pursuant to the terms hereof, and shall deposit or invest all such cash, at the written direction of CyberSentry, in (a) direct obligations of the United States of America or obligations for which the full faith and credit of the United States of America is pledged, (b) obligations of any agency or corporation which is or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; and (c) certificates of deposit and or other interest bearing demand deposits at any bank or trust company which has, at the time such investment is made, a capital stock and surplus aggregating at least twenty five million dollars ($25,000,000).
2. Agent shall at all times maintain the Redemption Account as a segregated account for any cash being held therein pursuant to the terms hereof, and shall deposit or invest all such cash, at the written direction of CyberSentry, in (a) direct obligations of the United States of America or obligations for which the full faith and credit of the United States of America is pledged; (b) obligations of any agency or corporation which is or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; and (c) certificates of deposit and or other interest bearing demand deposits at any bank or trust company which has, at the time such investment is made, a capital stock and surplus aggregating at least twenty five million dollars ($25,000,000).
Treatment of Cash. ON-INSTALMENTS FACILITY Each of the Monthly Instalment Amounts, the balance of the Aggregate Monthly Instalments and any fees and charges under the Cash-on-Instalments Facility charged to and debited from the Card Account shall be deemed as a charge arising from and be payable by you as a Card Transaction under this Agreement, and if any such sum(s) debited to your Card Account is not received by us in full when due, you shall pay the finance charges, interest and fees on the outstanding amounts at the prevailing rate.
Treatment of Cash. 17 6.3 Purchase and Sale of Transferred Assets.............................17 6.4
