EFTA01365435.pdf

the Holders, as the case may be, under Sections 2.7, 4.2, 5.4(d), 5.9, 5.18, 6.7, 6.8, 7.1, 7.3 and 13.1 shall survive. Section 4.2. Application of Trust Funds. All amounts deposited with the Trustee pursuant to Section 4.1 for payments pursuant to Section 11.1 shall be held in trust and applied by it in accordance with the provisions of the Securities and this Indenture, including, without limitation, the Priority ofPayments, for the payment either directly or through any Paying Agent (including, in case of distributions on the Preferred Shares, the Fiscal Agent), as the Trustee may determine, to the Person entitled thereto of the amounts in respect of which such amounts have been deposited with the Trustee; but such amounts need not be segregated from other funds except to the extent required herein or required by law. Section 4.3. Repayment of Funds Held by Paving Agent. In connection with the satisfaction and discharge of this Indenture with respect to the Securities, all amounts then held by any Paying Agent other than the Trustee under the provisions of this Indenture shall, upon demand of the Issuer be paid to the Trustee to be held and applied pursuant to Section 7.3 and in accordance with the Priority ofPayments and thereupon such Paying Agent shall be released from all further liability with respect to such amounts. ING IM CLO 2011-1 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0056173 CONFIDENTIAL SDNY GM_00202357 EFTA01365435