COMMISSIONS, CHARGES AND OTHER COSTS 10.1 The Client shall be obliged to pay to Aglobe Investments Ltd the commissions and charges set out in the Commissions, Charges & Margin Schedule which will be available on the website.
10.2 Aglobe Investments Ltd may vary such commissions and charges without notice when the change is to the Client`s advantage, or the grounds for changes are due to external circumstances beyond Aglobe Investments Ltd `s control. Such circumstances are:
i. Changes in the relationship with Aglobe Investments Ltd `s counterparties, which affect Aglobe Investments Ltd cost structures; and/or
ii. Changes in commissions and charges from exchanges, clearing houses, information providers or other third-party providers that are passed on to the Client by Aglobe Investments Ltd.
10.3 Aglobe Investments Ltd may vary such commissions and charges, with one month`s notice if:
i. market conditions, including competitive behavior, call for changes to Aglobe Investments Ltd conditions;
ii. Aglobe Investments Ltd for commercial reasons wishes to change its general cost and pricing structure; and/or
iii. significant particulars of the Client, based on which individual conditions were provided, have changed.
10.4 In addition to such commissions and charges, the Client shall be obliged to pay all applicable VAT and other taxes, storage and delivery charges, exchange and clearing house fees and all other fees incurred by Aglobe Investments Ltd in connection with any Contract and/or in connection with maintaining the Client relationship.
10.5 Furthermore, Aglobe Investments Ltd shall be entitled to demand that the following expenses are paid separately by the Client:
i. all extraordinary disbursements resulting from the client relationship e.g. telephone, telefax, courier, and postal expenses in case the Client requests hardcopy Settlement/Trade Confirmations, Account Statements etc. which Aglobe Investments Ltd could have delivered in electronic form;
ii. any expenses of Aglobe Investments Ltd, caused by non-performance by the Client, including a fee determined by Aglobe Investments Ltd in relation to forwarding of reminders, legal assistance etc;
iii. any expenses of Aglobe Investments Ltd in connection with replies to inquiries by public authorities, including a fee determined by Aglobe Investments Ltd in relation to forwarding of transcripts and enclosures and for the preparation of copies;
iv. administration fees in connection with security deposits, and any expenses of Aglobe Investments Ltd in relation to a pledge, if provided, including any insurance premium payments; and
v. any expenses of Aglobe Investments Ltd in connection with auditor`s comments/reports if such is requested by the Client.
10.6 The fees will be charged either as a fixed amount corresponding to payments effected, or as a percentage or hourly rate corresponding to the service performed. The methods of calculation can be combined. Aglobe Investments Ltd reserves the right to introduce new fees.
10.7 Aglobe Investments Ltd may share commissions and charges with its associates, Introducing Brokers or other third parties or receive remuneration from them in respect of Contracts entered into by Aglobe Investments Ltd. Details of any such remuneration or sharing arrangement will not be set out on the relevant Settlement/Trade Confirmations. Aglobe Investments Ltd (or any associate) may benefit from commission, ▇▇▇▇-up, ▇▇▇▇-down or any other remuneration where it acts for the Counterparty to a Contract.
10.8 Aglobe Investments Ltd will upon reasonable request and to the extent possible disclose to the Client the amount of commission, ▇▇▇▇-up, ▇▇▇▇-down or any other remuneration paid by Aglobe Investments Ltd to any Introducing Broker or other third party.
10.9 Unless specified otherwise in this Agreement, all amounts due to Aglobe Investments Ltd (or Agents used by Aglobe Investments Ltd ) under this Agreement shall, at Aglobe Investments Ltd `s option:
i. be deducted from any funds held by Aglobe Investments Ltd for the Client; or
ii. be paid by the Client in accordance with the provisions of the relevant difference account, Settlement/Trade Confirmation or other advice.
10.10 In respect of any transactions to be effected OTC, Aglobe Investments Ltd shall be entitled to quote prices at which it is prepared to trade with the Client. Save where Aglobe Investments Ltd exercises any rights it may have under this Agreement to close a Contract, it is the Client`s responsibility to decide whether or not it wishes to enter into a Contract at such prices.
10.11 Furthermore, the Client acknowledges, recognizes and accepts that the procedures described in Clause 10 and Clause 13 may result in additional indirect costs for the Client.
Fees, Commissions and Other Charges (i) The Borrower shall pay to the Administrative Agent, for the account of the L/C Participants in accordance with their respective Revolving Percentages, a Letter of Credit participation fee with respect to their participations in each Letter of Credit, which shall accrue at the rate per annum equal to the Applicable Rate for Eurodollar Rate Loans then in effect, calculated on the basis of a 365- (or 366-, as the case may be) day year, on the aggregate amount available to be drawn under such Letter of Credit for each day during the period from the last L/C Fee Payment Date (or, if later, the date of issuance of such Letter of Credit) to the date on which such payment is due hereunder. The Borrower shall pay to the Administrative Agent, for the account of the relevant Issuing Bank, a fronting fee with respect to each Letter of Credit issued by such Issuing Bank, which shall accrue at the rate per annum equal to 0.20%, calculated on the basis of a 365- (or 366-, as the case may be) day year, on the aggregate amount available to be drawn under such Letter of Credit issued by such Issuing Bank for each day during the period from the last L/C Fee Payment Date to the date upon which such payment is due hereunder. Such Letter of Credit participation fees and fronting fees shall be payable in arrears on each L/C Fee Payment Date and shall be nonrefundable.
(ii) In addition to the foregoing fees, the Borrower shall pay or reimburse each Issuing Bank for such normal and customary costs and reasonable expenses as are incurred or charged by such Issuing Bank in issuing, effecting payment under, amending or otherwise administering any Letter of Credit.
(iii) The Administrative Agent shall, promptly following its receipt thereof, distribute to the relevant Issuing Bank and the L/C Participants all fees received by the Administrative Agent for their respective accounts pursuant to this Section 2.5(c).
Underwriting Commissions, Concessions and Discounts The Underwriters’ discounts and commissions, the concessions that the Underwriters may allow to certain dealers, and the discounts that such dealers may reallow to certain other dealers, each expressed as a percentage of the principal amount of the Notes, shall be as follows: [Class ] % % % [Class ] % % % [Class ] % % % [Reimbursement of Expenses: The Underwriters shall reimburse the Bank for an amount not to exceed $ for application towards expenses.]
HST If the sale of the Property (Real Property as described above) is subject to Harmonized Sales Tax (HST), then such tax shall be
Commissions and Other Charges (a) The Borrower shall pay to the Administrative Agent, for the account of the Issuing Lender and the L/C Participants, a letter of credit commission with respect to each Letter of Credit in an amount equal to the face amount of such Letter of Credit multiplied by the Applicable Margin with respect to Revolving Credit Loans which are LIBOR Rate Loans (determined on a per annum basis). Such commission shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date. The Administrative Agent shall, promptly following its receipt thereof, distribute to the Issuing Lender and the L/C Participants all commissions received pursuant to this Section 3.3(a) in accordance with their respective Revolving Credit Commitment Percentages.
(b) In addition to the foregoing commission, the Borrower shall pay the Issuing Lender an issuance fee with respect to each Letter of Credit in an amount equal to the face amount of such Letter of Credit multiplied by one hundred twenty-five hundredths percent (0.125%) per annum. Such issuance fee shall be payable quarterly in arrears on the last Business Day of each calendar quarter and on the Revolving Credit Maturity Date.
(c) In addition to the foregoing fees and commissions, the Borrower shall pay or reimburse the Issuing Lender for such normal and customary costs and expenses as are incurred or charged by the Issuing Lender in issuing, effecting payment under, amending or otherwise administering any Letter of Credit.
