Investment of the Funds. Pending disbursement of the Funds in accordance with the terms of the Purchase Agreement and this Escrow Agreement, the Escrow Agent shall invest and reinvest the Funds in Permitted Investments (as defined below). It is expressly agreed and understood by the parties hereto that the Escrow Agent shall not in any way whatsoever be liable for losses on any investments, including, but not limited to, losses from market risks due to premature liquidation or resulting from other actions taken pursuant to and consistent with this Escrow Agreement, except to the extent that
Investment of the Funds. The Escrow Agent agrees to invest the funds received by the Investors as follows:
Investment of the Funds. During the period specified in this ----------------------- Agreement, the Escrow Agent shall hold the Escrow Funds (i) in an interest- bearing account or other investment vehicle specified by Elekom, with a maturity no greater than thirty (30) days and which is backed by the United States Government or such financial institutions insured by the Federal Deposit Insurance Corporation, having a net worth of not less than US One Hundred Million Dollars ($100,000,000) or (ii) in such other account or investment as may be specified in a Joint Direction. The payments of interest on such account and other distributions thereon shall be added to and become a part of the Escrow Funds. Any and all interest which may be earned and received on the Escrow Funds shall be for the account of the Shareholders and shall not constitute part of the Escrow Funds.
Investment of the Funds. The Escrow Account shall not bear interest and no investment of the Funds shall be made while held by the Escrow Agent.
Investment of the Funds. Each of the Securities Holders’ Indemnity Fund and the Net Working Capital Adjustment Fund shall be invested and reinvested by the Escrow Agent in one or more of the investments indicated on Schedule 1 or in such other investments as Netsmart and the Securities Holders’ Representative shall instruct the Escrow Agent in writing and which are acceptable to the Escrow Agent. The Reimbursement Fund shall be invested and reinvested by the Escrow Agent in one or more of the investments indicated on Schedule 1 or in such other investments as the Securities Holders’ Representative shall instruct the Escrow Agent in writing and which are acceptable to the Escrow Agent. The Escrow Agent shall have the right to liquidate any investments held in order to provide funds necessary to make required payments under this Agreement. The Escrow Agent shall have no liability for any loss sustained as a result of any investments indicated on Schedule 1 or any investment made pursuant to the instructions of Netsmart and/or the Securities Holders’ Representative or as a result of any liquidation of any investment prior to its maturity or for the failure of the parties to give the Escrow Agent instructions to invest or reinvest the Securities Holders’ Indemnity Fund, the Net Working Capital Adjustment Fund and the Reimbursement Fund. Receipt, investment and reinvestment of the Securities Holders’ Indemnity Fund, the Net Working Capital Adjustment Fund and the Reimbursement Fund shall be confirmed by the Escrow Agent as soon as practicable by account statement, and Netsmart and the Security Holders’ Representative shall use their best efforts to notify the Escrow Agent of any discrepancies in any such account statement within thirty (30) calendar days after receipt thereof. For purposes of this Agreement, (a) each account statement shall be deemed to have been received by the party to whom directed on the earlier to occur of (i) actual receipt thereof and (ii) three (3) “Business Days” (as hereinafter defined) after the deposit thereof in the United States Mail, postage prepaid, and (b) the term “Business Day” shall mean any day of the year, excluding Saturday, Sunday and any other day on which national banks are required or authorized to close in the State of Ohio.
Investment of the Funds. All interest earned on the Funds shall be retained by Escrowee.
Investment of the Funds. The titles and investment objectives of the Funds shall be those as set forth in Exhibit A, as may be amended from time to time. The Trustee may specify the types of investments to be authorized for use by the Funds and other details pertinent to the proper administration, operation, and management of the Fund. The Sub-Advisor may invest all or any portion of the assets of each Fund in one or more mutual funds, stocks, bonds, cash, exchange traded funds, or in one or more collective investment funds, provided that such collective investment funds consist entirely exclusively of the assets of qualified plans and trusts that are exempt from federal income tax under Section 501(a) of the Code and tax-exempt retirement plans maintained by governmental employers under Section 414(d) of the Code, provided such investment satisfies the investment objectives of the Fund. The instrument creating such a collective investment fund, as amended from time to time, shall be incorporated and made a part of this Trust. In the case of assets delivered to the Trustee on a date other than a Valuation Date, the Trustee is expressly authorized to retain such assets in another collective investment fund or in its deposit accounts until the Valuation Date immediately following the Trustee's receipt of such assets.
Investment of the Funds. Any funds that the Trustee is authorized to invest according to this bond will be invested by him in a bank or banks with an AA– or higher ratings, in his name or at his instruction, in Israeli state securities or additional securities that the laws of the State of Israel permit to be used for investment of trust moneys, this as he sees fit, and all pursuant to the conditions of this trust deed, as long as any investment in securities will be in securities rated by a rating company at a level of at least AA– or equivalent.
Investment of the Funds. Any moneys held as a part of the Funds shall be invested and reinvested by the Trustee in Permitted Investments, in accordance with Section 5.5 of the Indenture. The Trustee may make any and all such Permitted Investments through its own investment department. The Borrower shall direct investments of amounts in the Funds so that such Permitted Investments shall mature in such amounts and at such times, or shall be redeemable by the Trustee at such times, as may be necessary to provide funds when, at the time of the investment, it is anticipated the same will be needed to make payments from the Funds in accordance with the provisions of Section 5.5 of the Indenture. To the extent required for payments from the Funds, the Trustee may, at any time, after consultation with the Borrower, sell any of such Permitted Investments. The proceeds of any such sale, all payments at maturity and all payments upon redemption of such Permitted Investments shall be held in the respective Funds in which such investment income was derived. The Borrower shall be entitled to receive from the Trustee annually and at such other times as the Borrower may reasonably request, a statement of account of any moneys held in the Funds by the Trustee.
Investment of the Funds. Any moneys held as a part of the Funds shall be invested and reinvested by the Trustee, only as directed (by written direction) by the Borrower, in Investment Obligations. The Trustee may make any and all such investments through its own investment department. In making such investments as described in this Section, the Trustee may rely upon the written direction of the Borrower as to the investment purchased and shall be and hereby is relieved of all liability with respect to making, redeeming and selling such investments, so long as the Trustee has acted in accordance with the foregoing directions. The Borrower shall be entitled to receive from the Trustee monthly and at such other times as the Borrower may reasonably request, a statement of account of any moneys held in the Funds by the Trustee.
