Common use of Applicable Expense Limit Clause in Contracts

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 23 contracts

Samples: Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (World Funds Trust)

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Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 19 contracts

Samples: Expense Limitation Agreement (Touchstone Variable Series Trust), Expense Limitation Agreement (Touchstone Investment Trust), Expense Limitation Agreement (Touchstone Tax Free Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 12 contracts

Samples: Expense Limitation Agreement (Capital Management Investment Trust), Limitation Agreement (SCM Investment Trust), Expense Limitation Agreement (Capital Management Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on related to short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 12 contracts

Samples: Expense Limitation Agreement (USCF ETF Trust), Expense Limitation Agreement (Pointbreak ETF Trust), Expense Limitation Agreement (Pointbreak ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 10 contracts

Samples: Expense Limitation Agreement (360 Funds), Expense Limitation Agreement (F/M Funds Trust), Expense Limitation Agreement (360 Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on related to short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 9 contracts

Samples: Expense Limitation Agreement (GraniteShares ETF Trust), Expense Limitation Agreement (GraniteShares ETF Trust), Expense Limitation Agreement (GraniteShares ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, taxes, brokerage fees and commissions, distribution and shareholder service fees under a distribution plan pursuant to Rule 12b-1 Plans12b-1, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which that are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and acquired fund fees and expenses) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 8 contracts

Samples: Transaction Agreement (PSP Family of Funds), Expense Limitation Agreement (Kimberlite Investment Trust), Expense Limitation Agreement (PSP Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 7 contracts

Samples: Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 7 contracts

Samples: Expense Limitation Agreement (Merit Advisors Investment Trust), Expense Limitation Agreement (Merit Advisors Investment Trust), Expense Limitation Agreement (Merit Advisors Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Planstaxes, taxesbrokerage commissions, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 4 contracts

Samples: Investment Trust (NCM Capital Investment Trust), Expense Limitation Agreement (Cm Advisers Family of Funds), Expense Limitation Agreement (Cm Advisers Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Fxxx xx xny fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 4 contracts

Samples: Expense Limitation Agreement (PMFM Investment Trust), Expense Limitation Agreement (Murphymorris Investment Trust), Expense Limitation Agreement (PMFM Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to plans adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 3 contracts

Samples: Expense Limitation Agreement (IndexIQ ETF Trust), Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses payments on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 3 contracts

Samples: Expense Limitation Agreement (IndexIQ Active ETF Trust), Expense Limitation Agreement (Active Weighting Funds ETF Trust), Expense Limitation Agreement (IndexIQ Active ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to organizational costs and investment advisory management fees of the Adviser Manager (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business's business and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the AdviserManager.

Appears in 3 contracts

Samples: Expense Limitation Agreement (Axa Premier Vip Trust), Expense Limitation Agreement (Axa Premier Vip Trust), Expense Limitation Agreement (Axa Premier Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 3 contracts

Samples: Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (360 Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses payments on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 3 contracts

Samples: Expense Limitation Agreement (IndexIQ Active ETF Trust), Expense Limitation Agreement (IndexIQ Active ETF Trust), Expense Limitation Agreement (IndexIQ Active ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund or a class of a Fund in any fiscal year, including but not limited to investment advisory fees of the Investment Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, Rule 12b-1 fees, fees paid pursuant to an Administrative Services Plan, short sale dividend expenses on short salesexpenses, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Adviser.

Appears in 3 contracts

Samples: Expense Limitation Agreement (Gartmore Variable Insurance Trust), Expense Limitation Agreement (Gartmore Variable Insurance Trust), Expense Limitation Agreement (Gartmore Variable Insurance Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 3 contracts

Samples: Expense Limitation Agreement (Dean Family of Funds), Expense Limitation Agreement (Dean Family of Funds), Expense Limitation Agreement (Dean Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Xxxx xx any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Pope Family of Funds), Expense Limitation Agreement (PMFM Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (World Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund or a class of a Fund in any fiscal year, including but not limited to investment advisory fees of the Investment Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, Rule 12b-1 fees, fees paid pursuant to an Administrative Services Plan, short sale dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Gartmore Mutual Funds), Expense Limitation Agreement (Gartmore Mutual Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, and acquired fund fees and expensesexpenses (but excluding interest expense, taxes, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts payable pursuant to any plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Exchange Listed Funds Trust), Expense Limitation Agreement (Exchange Listed Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plansbrokerage costs, taxes, acquired fund interest, borrowing costs such as interest and dividend expenses on securities sold short, Acquired Fund fees and expenses, brokerage commissions, dividend and extraordinary expenses on short sales, such as litigation costs and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (New Age Alpha Variable Funds Trust), Expense Limitation Agreement (New Age Alpha Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, dividend expense on short sales, taxes, brokerage commissions, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (World Funds Trust), Expense Limitation Agreement (World Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Planstaxes, taxesbrokerage commissions, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to plans adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 2 contracts

Samples: Expense Limitation Agreement (IndexIQ ETF Trust), Expense Limitation Agreement (IndexIQ ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser and acquired fund fees and expenses of the Fund (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses dividends on short salessecurities sold short, and litigation, indemnification, other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Rydex Etf Trust), Expense Limitation Agreement (Rydex Etf Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 12b-l Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (360 Funds), Expense Limitation Agreement (360 Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which that are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (BPV Family of Funds), Expense Limitation Agreement (BPV Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on related to short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 2 contracts

Samples: Expense Limitation Agreement (GraniteShares ETF Trust), Expense Limitation Agreement (GraniteShares ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Turnaround Investment Trust), Expense Limitation Agreement (Cm Advisers Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such each Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Funds in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Drexel Hamilton Mutual Funds), Expense Limitation Agreement (Drexel Hamilton Mutual Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 2 contracts

Samples: Expense Limitation Agreement (F/M Funds Trust), Expense Limitation Agreement (F/M Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 2 contracts

Samples: Expense Limitation Agreement (IndexIQ Trust), Expense Limitation Agreement (IndexIQ Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Planstaxes, taxesbrokerage commissions, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.the

Appears in 1 contract

Samples: Expense Limitation Agreement (Nottingham Investment Trust Ii)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to organizational costs investment advisory management fees of the Adviser Manager, or administration fees of AXA Equitable (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserManager or of AXA Equitable, except that AXA Equitable’s liability hereunder shall be limited to the amount of the administration fee paid by each Fund.

Appears in 1 contract

Samples: Expense Limitation Agreement (Enterprise Group of Funds Inc)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Congressional Effect Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, taxes, brokerage commissions, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses expense on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Commonwealth International Series Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, taxes, brokerage fees and commissions, distribution and shareholder service fees under a distribution plan pursuant to Rule 12b-1 Plans12b-1, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and acquired fund fees and expenses) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Congressional Effect Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund the Class A Shares in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s the Class A Shares' business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) (“Fund "Class Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Markman Multifund Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, taxes, brokerage commissions, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (World Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a the Fund in any fiscal year, including but not limited to investment advisory fees of excluding the Adviser (but excluding management fee, incentive fee, interest, expenses incurred under a plan of distribution fees adopted pursuant to Rule 12b-1 Plansunder the 1940 Act, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Kingsbarn Parallel Income Fund)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Fxxx xx xny fiscal year (the "Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Cm Advisers Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short salesinvestment advisory and/or variable performance incentive fees paid to the Advisor, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s the Funds' business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Fxxxx xx any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (Tilson Investment Trust)

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Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on related to short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (GraniteShares ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Planstaxes, taxesbrokerage commissions, dividends, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business) and expenses for which payment has been made through the use of all or a portion of brokerage commissions (or markups or markdowns) generated by that Fund ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Advisors Inner Circle Fund)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Planstaxes, taxesbrokerage commissions, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s a Fund 's business, and amounts, if any, payable pursuant to plans adopted in accordance with Rule 12b-l under the 0000 Xxx) incurred by a Fund in any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 l(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (IndexIQ ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interestexcept brokerage and other transaction expenses including taxes; extraordinary legal fees or expenses, such as those for litigation or arbitration; extraordinary expenses; and distribution fees and expenses paid by the Trust under any distribution plan adopted pursuant to Rule 12b-1 Plans, taxes, acquired fund fees under the 0000 Xxx) incurred by the Fund from the date hereof up to and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in including the ordinary course of such Fund’s business) Limit Expiration Date (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (Procure ETF Trust II)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend fees and expenses on short salesunder any Rule 12b-1 plan, and other expenditures which are capitalized in accordance with generally accepted accounting principles principles, and other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “"Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Stockback Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to organizational costs, investment advisory management fees of the Adviser Manager or administration fees of the Administrator (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserManager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Axa Enterprise Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (FocusShares Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1900 Xxx) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (Precidian ETFs Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund brokerage fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles principles, and other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business) ), offset by the amount of revenue to the Fund from securities lending activities of the Fund (the net amount referred to as "Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pitcairn Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Westport Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (NCM Capital Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: DGHM Investment Trust (DGHM Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (WP Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every ofevery character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (World Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Fxxx xx xny fiscal year ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (Piedmont Investment Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a the Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Appleton Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s 's business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by the Fund in any fiscal year ("Fund Operating Expenses”Operatinx Xxxxxxes"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Limitation Agreement (Drake Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses payments on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) incurred by a Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (New York Life Investments Active ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (360 Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on related to short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such a Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 0000 Xxx) incurred by the Fund in any fiscal year (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (USCF ETF Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a the Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such the Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Markman Multifund Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business, and amounts, if any, payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act, if any) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Dean Family of Funds)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory fees of the Adviser (but excluding interestdistribution (12b-1) fees, distribution fees pursuant to Rule 12b-1 Plansbrokerage costs, taxes, acquired fund interest, borrowing costs such as interest and dividend expenses on securities sold short, costs to organize the Fund, Acquired Fund fees and expenses, brokerage commissions, dividend and extraordinary expenses on short sales, such as litigation and merger or reorganization costs and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1.b below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (New Age Alpha Variable Funds Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to organizational costs investment advisory management fees of the Adviser Manager, or administration fees of the Administrator (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserManager or of AXA Equitable, except that the Administrator’s liability hereunder shall be limited to the amount of the administration fee paid by the Fund.

Appears in 1 contract

Samples: Expense Limitation Agreement (787 Fund, Inc.)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to organizational costs investment advisory management fees of the Adviser Manager, or administration fees of the Administrator (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s businessbusiness and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the AdviserManager or of AXA Equitable, except that the Administrator’s liability hereunder shall be limited to the amount of the administration fee paid by each Fund.

Appears in 1 contract

Samples: Expense Limitation Agreement (787 Fund, Inc.)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a the Fund in any fiscal year, including but not limited to investment advisory fees of excluding the Adviser (but excluding management fee, incentive fee, interest, expenses incurred under a plan of distribution fees adopted pursuant to Rule 12b-1 Plansunder the 1940 Act, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in the ordinary course of such the Fund’s business) (“Fund Operating Expenses”), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the “Excess Amount”) shall be the liability of the Adviser.

Appears in 1 contract

Samples: Expense Limitation Agreement (Kingsbarn Parallel Income Fund)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal year, including but not limited to investment advisory management fees of the Adviser Advisor (but excluding interest, distribution fees pursuant to Rule 12b-1 Plans, taxes, acquired fund fees and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and principles, other extraordinary expenses not incurred in the ordinary course of such Fund’s business's business and amounts payable pursuant to a plan adopted in accordance with Rule 12b-1 under the 1940 Act) ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (RMR Funds Series Trust)

Applicable Expense Limit. To the extent that the aggregate expenses of every character incurred by a Fund in any fiscal yearcharacter, including but not limited to investment advisory fees of the Adviser Advisor (but excluding interestexcept brokerage and other transaction expenses including taxes; extraordinary legal fees or expenses, such as those for litigation or arbitration; extraordinary expenses; and distribution fees and expenses paid by the Trust under any distribution plan adopted pursuant to Rule 12b-1 Plans, taxes, acquired fund fees under the 1940 Act) incurred by a Fund from the date hereof up to and expenses, brokerage commissions, dividend expenses on short sales, and other expenditures which are capitalized in accordance with generally accepted accounting principles and other extraordinary expenses not incurred in including the ordinary course of such Fund’s business) Limit Expiration Date ("Fund Operating Expenses"), exceed the Maximum Annual Operating Expense Limit, as defined in Section 1.2 1(b) below, such excess amount (the "Excess Amount") shall be the liability of the AdviserAdvisor.

Appears in 1 contract

Samples: Expense Limitation Agreement (Procure ETF Trust II)

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