Common use of Applicable Expense Limit Clause in Contracts

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Company's directors who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 13 contracts

Samples: Expense Limitation Agreement (Ing Gnma Income Fund Inc), Expense Limitation Agreement (Lexington Gnma Income Fund Inc), Expense Limitation Agreement (Lexington Silver Fund Inc)

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Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 4 contracts

Samples: Expense Limitation Agreement (Ing Equity Trust), Expense Limitation Agreement (Ing Equity Trust), Expense Limitation Agreement (Ing Equity Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the CompanyTrust's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 4 contracts

Samples: Expense Limitation Agreement (Ing Mutual Funds), Expense Limitation Agreement (Ing Funds Trust), Expense Limitation Agreement (Ing Funds Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the CompanyFund's directors Directors who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 3 contracts

Samples: Expense Limitation Agreement (Aetna Variable Portfolios Inc), Expense Limitation Agreement (Aetna Generation Portfolios Inc), Expense Limitation Agreement (Ing Series Fund Inc)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager, subject to the allocation provisions set forth in Section 3 below.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Ing Equity Trust), Expense Limitation Agreement (Pilgrim Equity Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Company's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Lexington Global Income Fund), Expense Limitation Agreement (Pilgrim Natural Resources Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Ing Mutual Funds), Expense Limitation Agreement (Ing Equity Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a shares of the Fund in any fiscal year, including but not limited to investment management fees payable to of the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the Company's directors who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Pilgrim Investment Funds Inc/Md), Expense Limitation Agreement (Ing Investment Funds Inc)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to of the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Company's directors who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Pilgrim Advisory Funds Inc), Expense Limitation Agreement (Pilgrim Advisory Funds Inc)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to of the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the CompanyTrust's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (Nicholas Applegate Mutual Funds), Expense Limitation Agreement (Pilgrim Mutual Funds)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the CompanyFund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager, subject to the allocation provisions set forth in Section 3 below.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Equity Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund Trust in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such FundTrust's business, and expenses of any counsel or other persons or services retained by the Company's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Variable Products Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to excluding investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the CompanyFund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Ing Equity Trust)

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Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Ing Variable Insurance Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage 182016 commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager, subject to the allocation provisions set forth in Section 3 below.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Equity Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such the Fund's business, and expenses of any counsel or other persons or services retained by the CompanyFund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Ing Get Fund)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the CompanyTrust's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrimvariable Insurance Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to of the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the CompanyTrust's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Nicholas Applegate Mutual Funds)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a the Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the Companysuch Fund's directors Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Ing Funds Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by members of the Company's directors Board of Trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Pilgrim Funds Trust)

Applicable Expense Limit. To the extent that the ordinary operating expenses incurred by a class of a Fund in any fiscal year, including but not limited to investment management fees payable to the Investment Manager, but excluding interest, taxes, brokerage commissions, other investment-related costs, extraordinary expenses such as litigation, other expenses not incurred in the ordinary course of such Fund's business, and expenses of any counsel or other persons or services retained by the CompanyFund's directors trustees who are not "interested persons," as that term is defined in the 1940 Act, of the Investment Manager ("Fund Operating Expenses"), exceed the Operating Expense Limit, as defined in Section 1.2 below, such excess amount (the "Excess Amount") shall be the liability of the Investment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (Ing Mutual Funds)

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