Investment of Money. Any money held as a part of the Construction Fund or Debt Service Fund shall be invested or reinvested as directed by the City Representative in accordance with Article VI of the Resolution.
Investment of Money. All money in the Certificate Fund shall be held by the Trustee uninvested or, at the written direction of the State Treasurer, in Qualified Investments, maturing not later than the date on which such money will be required for the purposes specified in this Trust Agreement. The Trustee may rely on the investment instructions of the State Treasurer as to the suitability and legality of the instructed investments, and the Trustee shall not be responsible for losses incurred in making investments in accordance with the State Treasurer’s investment instructions. The State Treasurer and the Corporation acknowledge that to the extent that regulations of the Comptroller of the Currency, or any other regulatory entity, grant the State Treasurer and the Corporation the right to receive brokerage confirmations of the security transactions as they occur, the State Treasurer and the Corporation specifically waive receipt of such confirmations to the extent permitted by law. All interest and other income received from the investment of money in the Certificate Fund shall be deposited in such fund. For the purpose of determining the amount in any fund or account, all Qualified Investments shall be valued at the lesser of cost or par value. The Trustee may act as principal or agent in the making or disposing of any investment. The Trustee may sell or present for redemption any Qualified Investments so purchased whenever it shall be necessary to provide money to meet any required payment or disbursement from the fund or account to which such Qualified Investment is credited. The Trustee may elect, but shall not be obligated, to credit the Certificate Fund with money representing income or principal payments due on, or sale proceeds due in respect of, Qualified Investments in the Certificate Fund, or to credit to Qualified Investments intended to be purchased with such money, in each case before actually receiving the requisite money from the payment sources, or to otherwise advance funds for account transactions. The State Treasurer and the Corporation acknowledge that the legal obligation to pay the purchase price of any Qualified Investments arises immediately at the time of purchase. Notwithstanding anything else in this Trust Agreement, (i) any such crediting of funds or assets shall be provisional in nature, and the Trustee shall be authorized to reverse any such transactions or advances of funds in the event that it does not receive good funds with respect thereto, ...
Investment of Money. This prong of the test is almost always satisfied and often overlooked. When analyzing this prong, courts look to whether risk is an ingredient in the investment.108 This prong requires that the investor “commit his assets to the enterprise in such a manner as to subject himself to financial loss.”109 103 See id. at 297-98. 104 Id. at 299. Courts often apply the Xxxxx test using three prongs and explaining that “an investment contract is a security…if investors purchase with (1) an expectation of profits arising from (2) a common enterprise that (3) depends upon the efforts of others.” Life Partners IV, 87 F.3d 536, 542 (D.C. Cir. 1996). 105 Xxxxx, 328 U.S. at 298–99. 106 Id. at 299. 107 Id. at 299-300. 108 Xxxxxx x. Xxxxx, 533 F.2d 429, 432 (9th Cir. 1976). 109 Id.
Investment of Money. All the money the Trustee is entitled to invest pursuant to this deed, shall be invested by it at a bank/banks, in its name or to its order, in investments in which the laws of the State of Israel permit such moneys to be invested, as shall be found suitable, and all subject to the terms and conditions of this Deed of Trust, provided that any investment in securities shall be in securities that have been rated with a rating that is not less than an AA rating. Where the Trustee has done so, it will not be liable to the persons entitled in respect of such amounts, except for the proceeds received from the realization of the investments, less the expenses connected with the aforesaid investments and with maintaining and managing the trust accounts, the commissions and less the compulsory payments which are imposed on the trust accounts. Out of such moneys the Trustee shall transfer amounts to the debenture holders who are entitled thereto, as soon as possible after proof and confirmation have been furnished to the Trustee in regard to their right to such amount, to the Trustee’s full satisfaction, but less the Trustee’s expenses and its commission at a rate that is customary with it at such time.
Investment of Money. Money held as a part of the Project Fund and the Debt Service Fund to be established under the Bond Resolution shall be invested or reinvested as directed by the City in accordance with the Bond Resolution.
Investment of Money. Any money held as a part of the Funds shall be invested, reinvested and transferred to other Funds by the Trustee as provided in Article 6 of the Indenture and invested only in Permitted Investments.
Investment of Money. (A) Moneys held for the credit of the funds and accounts established hereunder shall be invested and reinvested at the written instruction of the Issuer in Investment Obligations. Such investments or reinvestments shall mature or become available not later than the respective dates, as estimated by the Issuer, that the moneys held for the credit of said funds and accounts will be needed for the purposes of such funds or accounts.
Investment of Money. Any money held as a part of the Debt Service Fund shall be held uninvested.
Investment of Money. The Borrower shall comply with the requirements set forth in Section 602 (Investment of Money) of the Subordinate Trust Agreement.
Investment of Money. Money held for the credit of all funds and accounts created under this Trust Agreement shall be continuously invested and reinvested by the Trustee in Investment Obligations to the extent practicable in accordance with the instructions of the District Representative as provided herein. Any such Investment Obligations shall mature not later than the respective dates when the money held for the credit of such funds or accounts will be required for the purposes intended; provided, however, that Investment Obligations deposited in the 2011 Trust Agreement Debt Service Reserve Fund shall mature no later than the final maturity date of the Bonds secured by the 2011 Trust Agreement
