Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxx, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice. (b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barney, incur on behalf of the Trust (i) any single expense in excess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense. (c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense. (d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney.
Appears in 3 contracts
Samples: Fund Expense Agreement (Decs Trust Vi), Fund Expense Agreement (Decs Trust Ix), Fund Expense Agreement (Decs Trust V)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Salomon Smith Barney (i) prompt written notice to the effect that the aggregate txx xxxxxxxxx amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSalomon Smith Barney, of all Ordinary Expenses incurred on behalf of the Trust through ox xxx Xxxxx xhxxxxx the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Salomon Smith Barney, incur on behalf of the Trust (i) any single expense in excess exxxxxx xx xxxess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Salomon Smith Barney in writing promptly following the incurring of any Additional Expensexxx Xxxxxxxxax Xxxxnse. Such notice shall be accompanied by any demand, xxxxbill, invoice or other similar document in respect of such Additional ExpenseAdditionxx Xxpense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon Smith Barney agrees to pay to the Service Provider from time to time the amount timx xx xxxx xxx xxxxxx of any Additional Expense. Payment by Xxxxxxx Xxxxx Salomon Smith Barney of any Additional Expense shall be made in New York Clearing Xxxx Xxxxxxxg House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx Salomon Smith Barney of written notice from the Service Provider of the incurring thereof xxx xxxxxxxxg xxxxxof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Salomon Smith Barney may contest in good faith the reasonableness of any Additional ox xxx Xxxxxxxnal Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon Smith Barney shall pay the amount of such Additional ExpenseExpensx, subject to later xxxxxxx xx xxxxx adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Salomon Smith Barney.
Appears in 2 contracts
Samples: Fund Expense Agreement (Equity Securities Trust Ii), Fund Expense Agreement (Equity Securities Trust I)
Agreement to Pay Additional Expenses. (a) Prior to Before incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the TrustAdministrator, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney each Shareholder (i) prompt written notice (the “Additional Expense Notice”) to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxxeach Shareholder, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barneyeach Shareholder, incur on behalf which shall not be unreasonably withheld or delayed (it being understood, for the avoidance of doubt, that any withholding of such consent would not be unreasonable with respect to any proposed expense of the Trust if such expense does not constitute an Ordinary Expense), incur (i) any single expense Additional Expense in excess of $3,000 10,000 or (ii) in any calendar quarter, expenses Additional Expenses aggregating in excess of $15,00030,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx each Shareholder in writing promptly following the after incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx agrees each Shareholder agrees, severally and not jointly, to pay to the Service Provider from time to time its Pro Rata Share of the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Each Shareholder shall pay its Pro Rata Share of any such Additional Expense shall be made in New York Clearing House Federal (immediately available) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice each Shareholder from the Service Provider of notice of the incurring thereof incurrence of such Additional Expense, or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may Any Shareholder may, on behalf of each of the Shareholders, contest in good faith the reasonableness of any Additional Expense and the parties shall attempt in good faith to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder specified in Section 2.2(c) with respect to such Additional Expense, then subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx each Shareholder shall pay its Pro Rata Share of the amount of such Additional Expense, Expense as provided in Section 2.2(c) subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barneythe Shareholders.
Appears in 2 contracts
Samples: Fund Expense Agreement (2017 Mandatory Exchangeable Trust), Fund Expense Agreement
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Goldxxx Xxxhs (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxGoldxxx Xxxhx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs, incur on behalf of the Trust (i) any single expense in excess of $3,000 ________ or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,000________. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in Goldxxx Xxxhx xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees Goldxxx Xxxhx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Goldxxx Xxxhs of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from Goldxxx Xxxhx xxxm the Service Provider of notice of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Goldxxx Xxxhs may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall Goldxxx Xxxhx xxxll pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs.
Appears in 1 contract
Samples: Fund Expense Agreement (Automatic Common Exchange Security Trust Ii)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSachs, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyXxxxx, incur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Sachs in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Sachs agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice Sachs from the Service Provider of notice of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Sachs shall pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyXxxxx.
Appears in 1 contract
Samples: Fund Expense Agreement (Estee Lauder Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust and all Ordinary Expenses set forth on Schedule IV hereto which are anticipated but have not yet been incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney and to each Contracting Stockholder (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxxand the Contracting Stockholders, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barneyand each Contracting Stockholder, incur on behalf of the Trust (i) any single expense in excess of $3,000 2,500 or (ii) in any calendar quarter, quarter expenses aggregating in excess of $15,0005,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx and each Contracting Stockholder in writing promptly following the incurring of any Additional Expense. Such notice to Xxxxxxx Xxxxx shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House (next-day) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(d) The Contracting Stockholders jointly and severally agree to reimburse Xxxxxxx Xxxxx Barney from time to time for the amount of any Additional Expense paid by Xxxxxxx Xxxxx pursuant to paragraph (c) of this Section 3. Xxxxxxx Xxxxx shall be reimbursed for any such Additional Expense in New York Clearing House (next- day) funds by the later of (i) five Business Days after the receipt by the Contracting Stockholders from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(e) Xxxxxxx Xxxxx or the Contracting Stockholders may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, and the Contracting Stockholders shall reimburse Xxxxxxx Xxxxx for the amount so paid, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barneyor the Contracting Stockholders, as the case may be.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to Before incurring any Ordinary Expense on behalf of the Trust any Ordinary Expense that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Up- Front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney [Seller[s]] (i) prompt written notice (the "Additional Expense Notice") to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxx[Seller[s]], of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barney[Seller[s]], incur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx [Seller[s]] in writing promptly following the after incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx agrees [Seller[s]] agree[s] to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of [Seller[s]] shall pay any such Additional Expense shall be made in New York Clearing House Federal (immediately available) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice [Seller[s]] from the Service Provider of notice of the incurring thereof incurrence of such Additional Expense, or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney [Seller[s]] may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt in good faith to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder specified in Section 2.2(c) with respect to such Additional Expense, then subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx [Seller[s]] shall pay the amount of such Additional Expense, Expense as provided in Section 2.2(c) subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney[Seller[s]].
Appears in 1 contract
Samples: Fund Expense Agreement (Ameritrade Automatic Common Exchange Security Tr)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Smitx Xxxxxx (ix) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Smitx Xxxxxx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneySmitx Xxxxxx, incur xxcur on behalf of the Trust (i) any single expense in excess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Smitx Xxxxxx in xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Smitx Xxxxxx agrees xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of Smitx Xxxxxx xx any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Smitx Xxxxxx of xx written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may Smitx Xxxxxx xxx contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Smitx Xxxxxx shall xxxll pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneySmitx Xxxxxx.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses ordinary expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Morgxx Xxxnxxx (ix) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxMorgxx Xxxnxxx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyMorgxx Xxxnxxx, incur xxcur on behalf of the Trust (i) any single expense in excess of $3,000 [______] or (ii) in any calendar quarter[period], expenses aggregating in excess of $15,000[_______]. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in Morgxx Xxxnxxx xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees Morgxx Xxxnxxx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of Morgxx Xxxnxxx xx any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney.the
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Salomon (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSalomon, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneySalomon, incur on behalf of the Trust (i) any single expense in excess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Salomon in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Salomon of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx Salomon of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Salomon may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneySalomon.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Merrxxx Xxxcx xxx to each Contracting Stockholder (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxMerrxxx Xxxcx xxx the Contracting Stockholders, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyMerrxxx Xxxcx xxx each Contracting Stockholder, incur on behalf of the Trust (i) any single expense in excess of $3,000 ___________ or (ii) in any calendar [quarter, ] expenses aggregating in excess of $15,000___________. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Merrxxx Xxxcx xxx each Contracting Stockholder in writing promptly following the incurring of any Additional Expense. Such notice shall to Merrxxx Xxxcx xxxll be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to Before incurring any Ordinary Expense on behalf of the Trust any Ordinary Expense that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Up- Front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Seller (i) prompt written notice (the "Additional Expense Notice") to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSeller, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneySeller, incur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Seller in writing promptly following the after incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx Seller agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of Seller shall pay any such Additional Expense shall be made in New York Clearing House Federal (immediately available) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice Seller from the Service Provider of notice of the incurring thereof incurrence of such Additional Expense, or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Seller may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt in good faith to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder specified in Section 2.2(c) with respect to such Additional Expense, then subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx Seller shall pay the amount of such Additional Expense, Expense as provided in Section 2.2(c) subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneySeller.
Appears in 1 contract
Samples: Fund Expense Agreement (Eleventh Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Salomon (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSalomon, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneySalomon, incur on behalf of the Trust (i) any single expense in excess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Salomon in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Salomon of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx Salomon of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Salomon may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Salomon shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneySalomon.
Appears in 1 contract
Samples: Fund Expense Agreement (Decs Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust and all Ordinary Expenses set forth on Schedule IV hereto which are anticipated but have not yet been incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney and AMP (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxxand AMP, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barneyand AMP, incur on behalf of the Trust (i) any single expense in excess of $3,000 2,500 or (ii) in any calendar quarter, Exhibit (k)(5) quarter expenses aggregating in excess of $15,0005,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx and AMP in writing promptly following the incurring of any Additional Expense. Such notice to Xxxxxxx Xxxxx shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House (next-day) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(d) The Service Provider agrees to notify Xxxxxxx Xxxxx Barney of the ADR Expenses, if any, which notice shall be delivered to Xxxxxxx Xxxxx at least five Business Days prior to the Exchange Date or earlier date of distribution of the Bank Ordinary Shares in exchange for the STRYPES. Payment by Xxxxxxx Xxxxx of any ADR Expenses shall be made in New York Clearing House (next-day) funds by noon on the second Business Day prior to such date.
(e) AMP agrees to reimburse Xxxxxxx Xxxxx from time to time for the amount of any Additional Expense and any ADR expenses paid by Xxxxxxx Xxxxx pursuant to paragraph (c) or (d), as the case may be, of this Section 3. Xxxxxxx Xxxxx shall be reimbursed for any such Additional Expense or ADR expenses in New York Clearing House (next-day) funds by the later of (i) five Business Days after the receipt by AMP from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(f) Xxxxxxx Xxxxx or AMP may contest in good faith the reasonableness of any Additional Expenses or ADR Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional ExpenseExpense or ADR Expenses, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional ExpenseExpense or ADR Expenses, and AMP shall reimburse Xxxxxxx Xxxxx for the amount so paid, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barneyor AMP, as the case may be.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Goldxxx Xxxhs (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxGoldxxx Xxxhx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs, incur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in Goldxxx Xxxhx xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees Goldxxx Xxxhx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Goldxxx Xxxhs of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from Goldxxx Xxxhx xxxm the Service Provider of notice of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Goldxxx Xxxhs may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall Goldxxx Xxxhx xxxll pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs.
Appears in 1 contract
Samples: Fund Expense Agreement (Fourth Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust and all Ordinary Expenses set forth on Schedule IV hereto which are anticipated but have not yet been incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Merrxxx Xxxcx xxx to the Contracting Stockholder (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxMerrxxx Xxxcx xxx the Contracting Stockholder, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyMerrxxx Xxxcx xxx the Contracting Stockholder, incur on behalf of the Trust (i) any single expense in excess of $3,000 2,500 or (ii) in any calendar quarter, quarter expenses aggregating in excess of $15,0005,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Merrxxx Xxxcx xxx the Contracting Stockholder in writing promptly following the incurring of any Additional Expense. Such notice shall to Merrxxx Xxxcx xxxll be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph subsection (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees Merrxxx Xxxcx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney.
Appears in 1 contract
Samples: Fund Expense Agreement (Dollar General Strypes Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any ------------------------------------ Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses ordinary expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney ____ (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxx____, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barney____, incur on behalf of the Trust (i) any single expense in excess of $3,000 __________ or (ii) in any calendar quarter[period], expenses aggregating in excess of $15,000__________. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx ____ in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx ____ agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney ____ of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx ____ of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx ____ shall pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barney____.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust and all Ordinary Expenses set forth on Schedule IV hereto which are anticipated but have not yet been incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney and the Contracting Stockholder (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx Xxxxxxand the Contracting Stockholder, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx Barneyand the Contracting Stockholder, incur on behalf of the Trust (i) any single expense in excess of $3,000 2,500 or (ii) in any calendar quarter, quarter expenses aggregating in excess of $15,0005,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx and the Contracting Stockholder in writing promptly following the incurring of any Additional Expense. Such notice to Xxxxxxx Xxxxx shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House (next-day) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(d) The Contracting Stockholder agrees to reimburse Xxxxxxx Xxxxx Barney from time to time for the amount of any Additional Expense paid by Xxxxxxx Xxxxx pursuant to paragraph (c) of this Section 3. Xxxxxxx Xxxxx shall be reimbursed for any such Additional Expense in New York Clearing House (next-day) funds by the later of (i) five Business Days after the receipt by the Contracting Stockholder from the Service Provider of notice of the incurring thereof or (ii) two Business Days prior to the due date for the payment of such Additional Expense.
(e) Xxxxxxx Xxxxx or the Contracting Stockholder may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, and the Contracting Stockholder shall reimburse Xxxxxxx Xxxxx for the amount so paid, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx Barneyor the Contracting Stockholder, as the case may be.
Appears in 1 contract
Agreement to Pay Additional Expenses. (a) Prior to Before incurring any Ordinary Expense on behalf of the Trust any Ordinary Expense that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Goldxxx Xxxhx (ix) prompt written notice (the "Additional Expense Notice") to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Front Expense Amount, and (ii) an ii)an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxGoldxxx Xxxhs, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhx, incur xxcur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Goldxxx Xxxhs in writing promptly following the after incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx Goldxxx Xxxhs agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of Goldxxx Xxxhx xxxll pay any such Additional Expense shall be made in New York Clearing House Federal (immediately available) funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice Goldxxx Xxxhs from the Service Provider of notice of the incurring thereof incurrence of such Additional Expense, or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may Goldxxx Xxxhx xxx contest in good faith the reasonableness of any Additional Expense and the parties shall attempt in good faith to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder specified in Section 2.2(c) with respect to such Additional Expense, then subject to the first sentence of paragraph (b) of this Section 32.2(b), Xxxxxxx Xxxxx Xxxxxx Goldxxx Xxxhs shall pay the amount of such Additional Expense, Expense as provided in Section 2.2(c) subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhx.
Appears in 1 contract
Samples: Fund Expense Agreement (Amdocs Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Sachs (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxXxxxx, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneySachs, incur on behalf of the Trust (i) any single expense in excess of $3,000 _____ or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,000_____. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Sachs of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from the Service Provider of notice of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney Sachs may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneySachs.
Appears in 1 contract
Samples: Fund Expense Agreement (Third Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxSachs, of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyXxxxx, incur on behalf of the Trust (i) any single expense in excess of $3,000 1,000 or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,0003,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx Sachs in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Sachs, agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice Sachs from the Service Provider of notice of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Xxxxx Barney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx Sachs shall pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyXxxxx.
Appears in 1 contract
Samples: Fund Expense Agreement (Estee Lauder Automatic Common Exchange Security Trust Ii)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses ordinary expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Bear, Xxxxxxx Xxxxx Barney & Co., Inc.
(i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Bear, Xxxxxxx Xxxxx Xxxxxx& Co., Inc., of all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Bear, Xxxxxxx Xxxxx Barney& Co., Inc., incur on behalf of the Trust (i) any single expense in excess of $3,000 ______ or (ii) in any calendar quarter{period}, expenses aggregating in excess of $15,000_____. Subject to the foregoing, the Service Provider shall give notice to Bear, Xxxxxxx Xxxxx Xxxxxx & Co., Inc. in writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxx, invoice or other similar document in respect of f such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Bear, Xxxxxxx Xxxxx Xxxxxx & Co. Inc. agrees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Bear, Xxxxxxx Xxxxx Barney & Co., Inc. of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Bear, Xxxxxxx Xxxxx Xxxxxx & Co., Inc. of written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Bear, Xxxxxxx Xxxxx Barney & Co., Inc. may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Bear, Xxxxxxx Xxxxx Xxxxxx & Co., Inc. shall pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Bear, Xxxxxxx Xxxxx Barney.& Co., Inc.
Appears in 1 contract
Samples: Fund Expense Agreement (Mandatory Common Exchange Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Xxxxx Barney Goldxxx Xxxhs (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Xxxxx XxxxxxGoldxxx Xxxhx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs, incur on behalf of the Trust (i) any single expense in excess of $3,000 ________ or (ii) in any calendar quarterperiod, expenses aggregating in excess of $15,000________. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Xxxxx Xxxxxx in Goldxxx Xxxhx xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx agrees Goldxxx Xxxhx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Xxxxx Barney Goldxxx Xxxhs of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Xxxxx Xxxxxx of written notice from Goldxxx Xxxhx xxxm the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.notice
(d) Xxxxxxx Xxxxx Barney Goldxxx Xxxhs may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Xxxxx Xxxxxx shall Goldxxx Xxxhx xxxll pay the amount of such Additional Expense, Expense subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Xxxxx BarneyGoldxxx Xxxhs.
Appears in 1 contract
Samples: Fund Expense Agreement (Second Automatic Common Exchange Security Trust)
Agreement to Pay Additional Expenses. (a) Prior to incurring any Ordinary Expense on behalf of the Trust that, together with all prior Ordinary Expenses incurred by the Administrator on behalf of the Trust, would cause the aggregate amount of Ordinary Expenses of the Trust to exceed the Up-front Expense Amount, the Administrator shall provide to Xxxxxxx Saloxxx Xxxxx Barney Xxxney (i) prompt written notice to the effect that the aggregate amount of Ordinary Expenses of the Trust will exceed the Up-front Expense Amount, and (ii) an accounting, in such detail as shall be reasonably acceptable to Xxxxxxx Saloxxx Xxxxx XxxxxxXxxnxx, of xx all Ordinary Expenses incurred on behalf of the Trust through the date of the Additional Expense Notice.
(b) From and after the date of the Additional Expense Notice, the Service Provider agrees that it will not, without the prior written consent of Xxxxxxx Saloxxx Xxxxx BarneyXxxney, incur on behalf of the Trust (i) any single expense in excess of $3,000 or (ii) in any calendar quarter, expenses aggregating in excess of $15,000. Subject to the foregoing, the Service Provider shall give notice to Xxxxxxx Saloxxx Xxxxx Xxxxxx in Xxxnxx xx writing promptly following the incurring of any Additional Expense. Such notice shall be accompanied by any demand, xxxxbill, invoice xxvoice or other similar document in respect of such Additional Expense.
(c) Subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Saloxxx Xxxxx Xxxxxx agrees Xxxnxx xxxees to pay to the Service Provider from time to time the amount of any Additional Expense. Payment by Xxxxxxx Saloxxx Xxxxx Barney Xxxney of any Additional Expense shall be made in New York Clearing House funds by the later of (i) five Business Days after the receipt by Xxxxxxx Saloxxx Xxxxx Xxxxxx of Xxxnxx xx written notice from the Service Provider of the incurring thereof or (ii) the due date for the payment of such Additional Expense.
(d) Xxxxxxx Saloxxx Xxxxx Barney Xxxney may contest in good faith the reasonableness of any Additional Expense and the parties shall attempt to resolve amicably the disagreement; provided that if the parties cannot resolve the dispute by the due date hereunder with respect to such Additional Expense, subject to the first sentence of paragraph (b) of this Section 3, Xxxxxxx Saloxxx Xxxxx Xxxxxx shall Xxxnxx xxxll pay the amount of such Additional Expense, subject to later adjustment and credit if such dispute is resolved in favor of Xxxxxxx Saloxxx Xxxxx BarneyXxxney.
Appears in 1 contract