Common use of Bookkeeping and Administrative Expenses Clause in Contracts

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled “All Services Less Rent of Shelter” or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 374 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2452), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2451), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2449)

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Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." Z. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 158 contracts

Samples: Trust Agreement (Ft 503), Trust Agreement (Ft 554), Trust Agreement (Ft 428)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1326) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Article III is hereby amended and replaced in its entirety with by adding the followingfollowing Section 3.20:

Appears in 56 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1666), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1665), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 1466)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1326) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Article III is hereby amended and replaced in its entirety with by adding the followingfollowing Section 3.20:

Appears in 35 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 858), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 738), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 737)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor S. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 32 contracts

Samples: Trust Agreement (Ft 259), Trust Agreement (Ft 253), Trust Agreement (Ft 257)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 30 contracts

Samples: Trust Agreement (Ft348), Trust Agreement (Ft 374), Trust Agreement (Ft 398)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 19 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 182), Trust Agreement (First Trust Special Situations Trust Series 201), Trust Agreement (Ft 217)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1329) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Article III is hereby amended and replaced in its entirety with by adding the followingfollowing Section 3.20:

Appears in 18 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 640), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 626), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 631)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled “All Services Less Rent of Shelter” or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1326) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Article III is hereby amended and replaced in its entirety with by adding the followingfollowing Section 3.20:

Appears in 17 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2380), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2377), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2379)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.059.02 in connection with the termination of the Trust, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Reference Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled “All Services Less Rent of Shelter” or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid accrued by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as and be paid in connection with the termination of the Trust pursuant to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.059.02. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1312) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1413) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 15 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2433), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2432), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2416)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 13 contracts

Samples: Trust Agreement (Ft 208), Trust Agreement (First Trust Special Situations Trust Series 204), Trust Agreement (Ft 211)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor R. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 12 contracts

Samples: Trust Agreement (Ft 337), Trust Agreement (Ft 326), Trust Agreement (Ft 341)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.05. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled “All Services Less Rent of Shelter” or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.23, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.23. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (1312) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1413) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 12 contracts

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2439), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2397), Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2353)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the calendar year (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 10 contracts

Samples: Trust Agreement (Ft 435), Trust Agreement (Ft 501), Trust Agreement (Ft 595)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16 provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 9 contracts

Samples: Trust Agreement (Ft 404), Trust Agreement (Ft 450), Trust Agreement (Ft 572)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 9 contracts

Samples: Trust Agreement (Ft353), Trust Agreement (Ft 318), Trust Agreement (Ft359)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor W. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 9 contracts

Samples: Trust Agreement (Ft 297), Trust Agreement (Ft 266), Trust Agreement (Ft 296)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 8 contracts

Samples: Trust Agreement (Ft 390), Trust Agreement (Ft342), Trust Agreement (Ft355)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1429) Section 7.05 is hereby amended and replaced in its entirety with the followingas follows:

Appears in 8 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 223), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 221), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 239)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 7 contracts

Samples: Trust Agreement (Ft 308), Trust Agreement (Ft 307), Trust Agreement (Ft 310)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 7 contracts

Samples: Trust Agreement (Ft 380), Trust Agreement (Ft 382), Trust Agreement (Ft371)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 5 contracts

Samples: Trust Agreement (Ft 289), Trust Agreement (Ft 256), Trust Agreement (Ft 285)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth under "Summary of Essential Information" in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions of Section 6.04Record Date occurs. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 5 contracts

Samples: Trust Agreement (First Trust Combined Series 258), Trust Agreement (First Trust Combined Series 268), Trust Agreement (First Trust Combined Series 269)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 5 contracts

Samples: Trust Agreement (Ft364), Trust Agreement (Ft367), Trust Agreement (Ft363)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided PROVIDED that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1429) Section 7.05 is hereby amended and replaced in its entirety with the followingas follows:

Appears in 5 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 186), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 199), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 196)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein. Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 4 contracts

Samples: Trust Agreement (Ft346), Trust Agreement (Ft354), Trust Agreement (Ft 334)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1428) Section 7.05 is hereby amended and replaced in its entirety with the followingas follows:

Appears in 4 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios Series 135), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 141), Reference Trust Agreement (Claymore Securities Defined Portfolios Series 145)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 4 contracts

Samples: Trust Agreement (Ft 220), Trust Agreement (First Trust Special Situations Trust Series 137), Trust Agreement (Ft 213)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 4 contracts

Samples: Trust Agreement (Ft 261), Trust Agreement (Ft 233), Trust Agreement (Ft 236)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable Y. Notwithstanding anything to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien contrary in favor Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee under shall have no power to remove the provisions Portfolio Supervisor. Z. Article III of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 4 contracts

Samples: Trust Agreement (Ft 241), Trust Agreement (Ft 235), Trust Agreement (Ft 249)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." Z. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 4 contracts

Samples: Trust Agreement (Ft 567), Trust Agreement (Ft 565), Trust Agreement (Ft 564)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to S. Section 5.01 of the Standard Terms and Conditions of Trust shall be amended as follows: (i) The first sentence of the first paragraph of Section 5.01 shall be amended by deleting the phrase "together with all other assets of the Trust" at the end of such sentence and adding the following at the conclusion thereof: ", plus (4) amounts representing organizational expenses paid from the Trust less amounts representing accrued organizational expenses of the Trust, plus (5) all other assets of the Trust." (ii) The following shall be added at the end of the first paragraph of Section 5.01: Until the Depositor has informed the Trustee that there will be no further deposits of Additional Securities pursuant to this section 2.01(b), the Depositor shall provide the Trustee with written estimates of (i) the total organizational expenses to be borne by the Trust pursuant to Section 3.23 3.01 and (ii) the total number of Units to be issued in connection with the initial deposit and all anticipated deposits of additional Securities. For purposes of calculating the Trust Fund Evaluation and Unit Value, the Trustee shall treat all such anticipated expenses as having been paid and all liabilities therefor as having been incurred, and all Units as having been issued, in each case on the date of the Trust Agreement, and, in connection with each such calculation, shall take into account a pro rata portion of such expense and liability based on the actual number of Units issued as of the date of such calculation. In the event the Trustee is informed by the Depositor of a revision in its estimate of total expenses or total Units and upon the conclusion of the deposit of additional Securities, the Trustee shall base calculations made thereafter on such revised estimates or actual expenses, respectively, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien made in favor of the Trustee under the provisions of Section 6.04respect thereof. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 4 contracts

Samples: Trust Agreement (Ft 245), Trust Agreement (Ft 243), Trust Agreement (Ft 244)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 3 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 214), Trust Agreement (First Trust Special Situations Trust Series 187), Trust Agreement (First Trust Special Situations Trust Series 197)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 3 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 135), Trust Agreement (First Trust Special Situations Trust Series 134), Trust Agreement (First Trust Special Situations Trust Series 131)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein. Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 3 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 195), Trust Agreement (Ft 222), Trust Agreement (First Trust Special Situations Trust Series 202)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 3 contracts

Samples: Trust Agreement (Ft 223), Trust Agreement (First Trust Special Situations Trust Series 158), Trust Agreement (First Trust Special Situations Trust Series 176)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 3 contracts

Samples: Trust Agreement (Ft 219), Trust Agreement (Ft 224), Trust Agreement (Ft 188)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and or other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.14 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor of providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions of Section 6.04Record Date occurs. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 3 contracts

Samples: Trust Agreement (First Trust Combined Series 257), Trust Agreement (First Combined Series 255), Trust Agreement (First Trust Combined Series 256)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 2 contracts

Samples: Trust Agreement (First Trust Special Situtations Trust Series 172), Trust Agreement (First Trust Special Situations Trust Series 168)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the amount set forth in the Prospectusof $0.33 per 1,000 Units, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (Q) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions of Section 6.04Record Date occurs. (13R) The phrases “supervisory services,” “supervisory portfolio services” Article III of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.16:

Appears in 2 contracts

Samples: Trust Agreement (Gnma 79), Trust Agreement (Gnma 80)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 2 contracts

Samples: Trust Agreement (Ft 376), Trust Agreement (Ft 386)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1431) Section 7.05 is hereby amended and replaced in its entirety with the followingas follows:

Appears in 2 contracts

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 197), Reference Trust Agreement (Claymore Securities Defined Portfolios, Series 268)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor K. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 2 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 126), Trust Agreement (First Trust Special Situations Trust Ser 142)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor T. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 2 contracts

Samples: Trust Agreement (Ft 267), Trust Agreement (Ft 293)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this K. Section 3.23 1.01(3) shall be secured by a prior lien on the amended to read as follows: "(3) "Evaluator" shall mean First Trust except that no such lien shall be prior to Advisors L.P. and its successors in interest, or any lien in favor of the Trustee under the provisions of Section 6.04successor evaluator appointed as hereinafter provided. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 2 contracts

Samples: Trust Agreement (First Trust Special Situations Trust Series 215), Trust Agreement (First Trust Special Situations Trust Ser 146)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 2 contracts

Samples: Trust Agreement (Ft 333), Trust Agreement (Ft 330)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 2 contracts

Samples: Trust Agreement (First Trust Special Situtations Trust Series 166), Trust Agreement (First Trust Special Situtations Trust Series 167)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (Ft 331)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that an amount set forth in the ProspectusProspectus under "Special Information" times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for the cost of providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (P) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions Record Date occurs. (Q) Article III of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.16: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Gnma Series 74)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 228)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor R. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 340)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $0 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein. Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft 311)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor K. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 234)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable S. Notwithstanding anything to the contrary in Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee shall have no power to remove the Portfolio Supervisor. T. Section 5.01 of the Standard Terms and Conditions of Trust shall be amended as follows: (i) The second sentence of the first paragraph of Section 5.01 shall be amended by deleting the phrase "and (iii)" and adding the following "(iii) amounts representing unpaid accrued organizational and offering costs, and (iv)" ; and (ii) The following text shall immediately precede the last sentence of the first paragraph of Section 5.01: Prior to the payment to the Depositor of its reimbursable organizational and offering costs to be made at the earlier of six months after the Initial Date of Deposit or the conclusion of the primary offering period in accordance with Section 3.01, for purposes of determining the Trust Fund Evaluation under this Section 5.01, the Trustee shall rely upon the amounts representing unpaid accrued organizational and offering costs in the estimated amount per Unit set forth in the Prospectus until such time as the Depositor notifies the Trustee in writing of a revised estimated amount per Unit representing unpaid accrued organizational and offering costs. Upon receipt of such notice, the Trustee shall use this revised estimated amount per Unit representing unpaid accrued organizational and offering costs in determining the Trust Fund Evaluation but such revision of the estimated expenses shall not effect calculations made prior thereto and no adjustment shall be made in respect thereof. Reimbursable offering costs incurred by the Depositor subsequent to the earlier of six months after the Initial Date of Deposit or the conclusion of the primary offering period shall be accounted for as paid by the Trustee. U. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Subject to the restrictions set forth in the Prospectus, Unit holders may redeem 2,500 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Capital Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Capital Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. Subject to Section 5.05 with respect to Rollover Unit holders, if applicable, to the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book-entry form to the provisions account of Section 6.04the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (Ft 269)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 335)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein. P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 207)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by adding the following:following new Section 3.16: "

Appears in 1 contract

Samples: Trust Agreement (Ft 300)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated as specified based on the largest number of Units outstanding during the calendar year (such annual fee to be pro rated for any calendar year in Section 3.05which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." V. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft 402)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this 6.04 herein. Section 3.23 1.01 (3) shall be secured by a prior lien on the amended to read as follows: "(3) "Evaluator" shall mean First Trust except that no such lien shall be prior to Advisors L.P. and its successors in interest, or any lien in favor of the Trustee under the provisions of Section 6.04successor evaluator appointed as hereinafter provided. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 136)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the amount set forth in the Prospectusof $0.15 per 1,000 Units, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." (N) Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.16:

Appears in 1 contract

Samples: Trust Agreement (First Trust Gnma Series 76)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein. K. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the Depositor contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Subject to the restrictions set forth in the Prospectus, Unit holders may redeem 2,500 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Capital Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Capital Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. Subject to Section 5.05 with respect to Rollover Unit holders, if applicable, to the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book-entry form to the provisions account of the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges." L. Paragraph (g) of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” 6.01 of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced by inserting the following after the first word thereof: (i) the value of any Trust as shown by an evaluation by the Trustee pursuant to Section 5.01 hereof shall be less than the lower of $2,000,000 or 20% of the total principal amount of Securities deposited in its entirety with the followingsuch Trust, or (ii)" M. Section 1.01(4) shall be amended to read as follows:

Appears in 1 contract

Samples: Trust Agreement (Ft 230)

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Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this N. Section 3.23 1.01(3) shall be secured by a prior lien on the Trust except that no such lien amended to read as follows: "(3) "Evaluator" shall be prior to mean FT Evaluators L.P. and its successors in interest, or any lien in favor of the Trustee under the provisions of Section 6.04successor evaluator appointed as hereinafter provided. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:" O.

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 127)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or by the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.13. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any All moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Voyageur Tax Exempt Trust Series 10)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein. K. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the Depositor contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Unit holders may redeem 2,500 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Principal Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Principal Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. Subject to Section 5.05 with respect to Rollover Unit holders, to the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book-entry form to the provisions account of the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges." L. Paragraph (g) of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” 6.01 of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended by inserting the following after the first word thereof: " (i) the value of any Trust as shown by an evaluation by the Trustee pursuant to Section 5.01 hereof shall be less than the lower of $2,000,000 or 20% of the total principal amount of Securities deposited in such Trust, or (ii)" M. Section 1.01(4) shall be amended to read as follows: "(4) "Portfolio Supervisor" shall mean First Trust Advisors L.P. and replaced its successors in its entirety with the following:interest, or any successor portfolio supervisor appointed as hereinafter provided."

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 165)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(Css.26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." Z. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft 570)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the amount set forth in the Prospectusof $0.15 per 1,000 Units, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (Q) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions of Section 6.04Record Date occurs. (13R) The phrases “supervisory services,” “supervisory portfolio services” Article III of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.16:

Appears in 1 contract

Samples: Trust Agreement (First Trust Gnma Series 77)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 157)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situtations Trust Series 171)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable X. Notwithstanding anything to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien contrary in favor Sections 3.15 and 4.05 of the Standard Terms and Conditions of Trust, so long as Nike Securities L.P. is acting as Depositor, the Trustee under shall have no power to remove the provisions Portfolio Supervisor. Y. Article III of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 254)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." U. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 237)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor S. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 294)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 227)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (Ft356)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.06, against a statement or statements therefor therefore submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectus, calculated as specified in Section 3.053.06, but in no event shall such compensation, when combined with all compensation received from other series of the Trust or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided PROVIDED that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.18. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor therefore from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.053.06. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.19, the Trustee shall have the power to sell (1) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.19. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 3.19 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (1428) Section 7.05 is hereby amended and replaced in its entirety with the followingas follows:

Appears in 1 contract

Samples: Reference Trust Agreement (Claymore Securities Defined Portfolios Series 184)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (Ft 392)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificate holder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 189)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0015 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft345)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (Ft 238)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation compensa- tion may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this N. Section 3.23 1.01(3) shall be secured by a prior lien on the amended to read as follows: "(3) "Evaluator" shall mean First Trust except that no such lien shall be prior to Advisors L.P. and its successors in interest, or any lien in favor of the Trustee under the provisions of Section 6.04successor evaluator appointed as hereinafter provided. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:" O.

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 140)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 139)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (Ft 312)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section '26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 306)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable P. The first sentence of Section 3.15. shall be amended to read as follows: "As compensation for providing supervisory portfolio services under this Indenture, the Portfolio Supervisor shall receive, in arrears, against a statement or statements therefor submitted to the Depositor pursuant to Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed such amount set forth in the Prospectus under "Summary of Essential Information" per Unit outstanding as of January 1 of such year except for a Trust during the year or years in which an initial offering period as determined in Section 4.01 of this Section 3.23 shall be secured by Indenture occurs, in which case the fee for a prior lien month is based on the Trust except that number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Portfolio Supervisor provides services during less than the whole of such year), but in no event shall such lien shall be prior to any lien in favor compensation when combined with all compensation received from other series of the Trustee under the provisions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio Trust for providing such supervisory services and bookkeeping and administrative expensesin any calendar year exceed the aggregate cost to the Portfolio Supervisor for the cost of providing such services.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 144)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein." Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft 397)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the Depositor contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Unit holders may redeem 10,000 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Capital Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Capital Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. Subject to Section 5.05 with respect to Rollover Unit holders, if applicable, to the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book-entry form to the provisions account of Section 6.04the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 159)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Voyageur Unit Investment Trust Series 9)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory services, the Depositor shall receive at the times specified in Section 3.053.04, against a statement or statements therefor submitted to the Trustee an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the largest number of Units outstanding during the period in respect of which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated as specified but in Section 3.05no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for providing such bookkeeping and administrative services in any calendar year exceed the aggregate cost to the Depositor for providing such services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to the date of any such increase, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index as described under Section 3.183.11. The consent or concurrence of any Unitholder hereunder shall not be required for any such adjustment or increase. Such compensations shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.13, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.13. Any moneys payable to the Depositor pursuant to this Section 3.23 3.13 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 8.08 and of the Trustee Evaluator under the provisions of Section 6.044.03. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Nuveen Unit Trusts Series 4)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this L. Section 3.23 1.01(3) shall be secured by a prior lien on the amended to read as follows: "(3) "Evaluator" shall mean First Trust except that no such lien shall be prior to Advisors L.P. and its successors in interest, or any lien in favor of the Trustee under the provisions of Section 6.04successor evaluator appointed as hereinafter provided. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:"

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 133)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein. Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft 320)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.00010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor for the cost of providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.15, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.15. Any moneys payable to the Depositor pursuant to this Section 3.23 3.15 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein." (p) All provisions regarding the Distribution Date included in Section 3.05 of Article III of the Standard Terms and Conditions of Trust are hereby amended to change the Distribution Date from the first day of the month following the Record Date to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor last day of the Trustee under month in which the provisions Record Date occurs. (q) Article III of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.16: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Gnma Series 072)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor X. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 305)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that the per Unit amount set forth in Part II of the ProspectusTrust Agreement, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at not time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 herein."z Y. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the followingfollowing paragraph which shall be entitled Section 3.15:

Appears in 1 contract

Samples: Trust Agreement (Ft370)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an the amount which shall not exceed that amount set forth in the Prospectusof $.0033 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of an invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Q. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (Ft 328)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor P. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Ser 141)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that dollar amount set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable J. Section 3.14(b) of the Standard Terms and Conditions of Trust shall be amended to delete the requirement that each New Bond be rated "A" or better in the case of Trusts other than Insured Trusts by Standard & Poor's Corporation or Xxxxx'x Investors Service, Inc., or comparably rated by any other nationally recognized credit rating service rating debt obligations which shall be designated by the Depositor and shall be satisfactory to the Depositor pursuant to this Section 3.23 Trustee with the requirement that each such New Bond be rated "B" or better by Standard & Poor's Corporation or Xxxxx'x Investors Service, Inc. or comparably rated by any other nationally recognized credit rating service rating debt obligations which shall be secured designated by a prior lien on the Trust except that no such lien Depositor and shall be prior satisfactory to any lien in favor of the Trustee under the provisions of Section 6.04Trustee. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 is hereby amended and replaced in its entirety with the following:

Appears in 1 contract

Samples: Trust Agreement (Ft 232)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the ProspectusProspectus under "Summary of Essential Information" multiplied by the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 6.04 hereof." R. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situtations Trust Series 170)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein. K. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the Depositor contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Unit holders may redeem 2,500 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Capital Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Capital Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. To the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book- entry form to the provisions account of the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges." L. Paragraph (g) of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” 6.01 of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended by inserting the following after the first word thereof: " (i) the value of any Trust as shown by an evaluation by the Trustee pursuant to Section 5.01 hereof shall be less than the lower of $2,000,000 or 20% of the total principal amount of Securities deposited in such Trust, or (ii)" M. Section 1.01(4) shall be amended to read as follows: "(4) "Portfolio Supervisor" shall mean First Trust Advisors L.P. and replaced its successors in its entirety with the following:interest, or any successor portfolio supervisor appointed as hereinafter provided."

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 200)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount as set forth in the ProspectusProspectus times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, calculated in which case the fee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income and Capital Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income and Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities from the current list of Securities designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.04. Any moneys payable 6.04 herein. K. Section 5.02 of the Standard Terms and Conditions of Trust is amended by adding the following after the second paragraph of such section: "Notwithstanding anything herein to the Depositor contrary, in the event that any tender of Units pursuant to this Section 3.23 5.02 would result in the disposition by the Trustee of less than a whole Security, the Trustee shall distribute cash in lieu thereof and sell such Securities as directed by the Sponsors as required to make such cash available. Unit holders may redeem 2,500 Units or more of a Trust and request a distribution in kind of (i) such Unit holder's pro rata portion of each of the Securities in such Trust, in whole shares, and (ii) cash equal to such Unit holder's pro rata portion of the Income and Capital Accounts as follows: (x) a pro rata portion of the net proceeds of sale of the Securities representing any fractional shares included in such Unit holder's pro rata share of the Securities and (y) such other cash as may properly be included in such Unit holder's pro rata share of the sum of the cash balances of the Income and Capital Accounts in an amount equal to the Unit Value determined on the basis of a Trust Fund Evaluation made in accordance with Section 5.01 determined by the Trustee on the date of tender less amounts determined in clauses (i) and (ii)(x) of this Section. Subject to Section 5.05 with respect to Rollover Unit holders, if applicable, to the extent possible, distributions of Securities pursuant to an in kind redemption of Units shall be secured made by a prior lien on the Trust except that no such lien shall be prior to any lien in favor Trustee through the distribution of each of the Trustee under Securities in book-entry form to the provisions account of the Unit holder's bank or broker-dealer at the Depository Trust Company. Any distribution in kind will be reduced by customary transfer and registration charges." L. Paragraph (g) of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” 6.01 of the Standard Terms and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Conditions of Trust is hereby amended and replaced by inserting the following after the first word thereof: " (i) the value of any Trust as shown by an evaluation by the Trustee pursuant to Section 5.01 hereof shall be less than the lower of $4,000,000 or 40% of the total principal amount of Securities deposited in its entirety with the followingsuch Trust, or (ii)" M. Section 1.01(4) shall be amended to read as follows:

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 185)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth in the Prospectusof $.0019 per Unit, calculated based on the largest number of Units outstanding during the calendar year except during the initial offering period as specified determined in Section 3.054.01 of this Indenture, in which case the fee is calculated based on the largest number of Units outstanding during the period for which the compensation is paid (such annual fee to be pro rated for any calendar year in which the Depositor provides services during less than the whole of such year). Such fee may exceed the actual cost of providing such bookkeeping and administrative services for the Trust, but at no time will the total amount received for bookkeeping and administrative services rendered to unit investment trusts of which Nike Securities L.P. is the sponsor in any calendar year exceed the aggregate cost to the Depositor of supplying such services in such year. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.16, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.16, provided, however, that Zero Coupon Obligations may not be sold to pay for amounts payable pursuant to this Section 3.16. Any moneys payable to the Depositor pursuant to this Section 3.23 3.16 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this J. The Evaluators evaluation fee as set forth in Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor 4.03 of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended from $20.00 per evaluation to $25.00 per evaluation. K. Section 5.01 of the Standard Terms and replaced in its entirety with Conditions of Trust shall be amended as follows: (i) The fourth sentence of the first paragraph of Section 5.01 shall be amended by deleting the phrase "and (iii)" and adding the following:, "

Appears in 1 contract

Samples: Trust Agreement (Ft 329)

Bookkeeping and Administrative Expenses. If so provided in the Prospectus, as As compensation for providing bookkeeping and other administrative services of a character described in Section 26(a)(2)(C) of the Investment Company Act of 1940 to the extent such services are in addition to, and do not duplicate, the services to be provided hereunder by the Trustee or the Depositor for providing supervisory servicesPortfolio Supervisor, the Depositor shall receive at the times specified in Section 3.05, against a statement or statements therefor submitted to the Trustee monthly or annually an aggregate annual fee in an amount which shall not exceed that amount set forth $0.0010 times the number of Units outstanding as of January 1 of such year except for a year or years in which an initial offering period as determined by Section 4.01 of this Indenture occurs, in which case the Prospectusfee for a month is based on the number of Units outstanding at the end of such month (such annual fee to be pro rated for any calendar year in which the Depositor provides service during less than the whole of such year), calculated but in no event shall such compensation when combined with all compensation received from other unit investment trusts for which the Depositor hereunder is acting as specified Depositor for providing such bookkeeping and administrative services in Section 3.05any calendar year exceed the aggregate cost to the Depositor providing services to such unit investment trusts. Such compensation may, from time to time, be adjusted provided that the total adjustment upward does not, at the time of such adjustment, exceed the percentage of the total increase, during the period from the Trust Agreement to after the date of any such increasehereof, in consumer prices for services as measured by the United States Department of Labor Consumer Price Index entitled "All Services Less Rent of Shelter" or similar index, if such index as described under Section 3.18should no longer be published. The consent or concurrence of any Unitholder Unit holder hereunder shall not be required for any such adjustment or increase. Such compensations compensation shall be paid by the Trustee, upon receipt of invoice therefor from the Depositor, upon which, as to the cost incurred by the Depositor of providing services hereunder the Trustee may rely, and shall be charged against the Income Interest and Capital Principal Accounts as specified in Section 3.05on or before the Distribution Date following the Monthly Record Date on which such period terminates. The Trustee shall have no liability to any Unitholder Certificateholder or other person for any payment made in good faith pursuant to this Section. If the cash balance in the Income Interest and Capital Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 3.233.14, the Trustee shall have the power to sell (1i) Securities Bonds from the current list of Securities Bonds designated to be sold pursuant to Section 5.02 hereof, or (2ii) if no such Securities Bonds have been so designated, such Securities Bonds as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 3.233.14. Any moneys payable to the Depositor pursuant to this Section 3.23 3.14 shall be secured by a prior lien on the Trust Fund except that no such lien shall be prior to any lien in favor of the Trustee under the provisions of Section 6.046.04 herein. Any moneys payable to the Depositor pursuant to this Section 3.23 shall be secured by a prior lien on the Trust except that no such lien shall be prior to any lien in favor K. Article III of the Trustee under the provisions Standard Terms and Conditions of Section 6.04. (13) The phrases “supervisory services,” “supervisory portfolio services” and “portfolio supervisory services” in Sections 3.18 are hereby replaced with the phrase “portfolio supervisory services and bookkeeping and administrative expenses.” (14) Section 7.05 Trust is hereby amended and replaced in its entirety with by inserting the following:following paragraph which shall be entitled Section 3.15: "

Appears in 1 contract

Samples: Trust Agreement (First Trust Special Situations Trust Series 132)

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