Common use of BROKERAGE FEES AND EXPENSES Clause in Contracts

BROKERAGE FEES AND EXPENSES. 9.1. The Trust, on behalf of the Acquiring Portfolio and the Acquired Portfolio, represents and warrants that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring Portfolios, and (2) half are borne by the Acquired and Acquiring Portfolios and will be paid by the Acquired Portfolio and Acquiring Portfolio pro rata based upon the relative net assets of the Acquired Portfolio and Acquiring Portfolio as of the close of business on the record date for determining the shareholders of the Acquired Portfolio entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring Portfolio's prospectus and the Acquired Portfolio's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The Trust, 9.1 Investment Funds on behalf of the Acquiring Portfolio Fund and Advisory Funds on behalf of the Acquired Portfolio, represents Fund represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 9.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 9.1 The Company, on behalf of the Acquiring Fund, and the Trust, on behalf of the Acquiring Portfolio Acquired Fund, represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 9.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquiring Fund and Acquired Portfolio and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 9.1 The Trust, Company on behalf of the Acquired Fund and the Trust on behalf of the Acquiring Portfolio Fund represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 9.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio pro rata Fund PRO RATA based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The Pilgrim Trust, on behalf of the Acquiring Portfolio Fund, and the Mayflower Trust, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The ING Equity Trust, on behalf of the Acquiring Portfolio Fund, and ING Equity Trust, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and the Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio entitled to vote on the ReorganizationClosing Date. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The ING Mayflower Trust, on behalf of the Acquired Fund, and ING Equity Trust, on behalf of the Acquiring Portfolio Fund, represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and the Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio entitled to vote on the ReorganizationClosing Date. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 9.1 The Trust, on behalf of the Acquiring Portfolio Fund, and the Company, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 9.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquiring Fund and Acquired Portfolio and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.110.1. The Company, on behalf of the Acquiring Fund, and the Trust, on behalf of the Acquiring Portfolio Acquired Fund, represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.210.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquiring Fund and Acquired Portfolio and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The 10.1 Pilgrim Trust, on behalf of the Acquiring Portfolio Fund, and the ING Trust, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the other party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 9.1 The Trust, on behalf of the Acquiring Portfolio Fund, and the Acquired Portfolio, represents Fund represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 9.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquiring Fund and Acquired Portfolio and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The ING Trust, on behalf of the Acquired Fund, and the Pilgrim Trust, on behalf of the Acquiring Portfolio Fund represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and the Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.11. The Trust, Company on behalf of the Acquired Fund and the Company on behalf of the Acquiring Portfolio Fund represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.22. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and the Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The Trust, on behalf of the Acquiring Portfolio Fund, and the Company, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The Trust, Company on behalf of the Acquired Fund and the Trust on behalf of the Acquiring Portfolio Fund represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The Trust, Pilgrim Trust on behalf of the Acquiring Portfolio Fund and ING Trust on behalf of the Acquired Portfolio, represents Fund represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. The TrustGold Company, on behalf of the Acquiring Portfolio Fund, and Silver Company, on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. The expenses relating to the proposed Reorganization will be shared so that are (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired Fund and Acquiring Portfolios Fund and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Acquiring Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The Trust, Corporation on behalf of the Acquiring Portfolio Fund and ING Trust on behalf of the Acquired PortfolioFund, represents represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The Company, on behalf of the Acquiring Fund, and the ING Trust, on behalf of the Acquiring Portfolio Acquired Fund, represent and the Acquired Portfolio, represents and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser to the Acquired and Acquiring PortfoliosFund, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquiring Fund and Acquired Portfolio and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.

BROKERAGE FEES AND EXPENSES. 9.1. 10.1 The Trust, Pilgrim Trust on behalf of the Acquiring Portfolio Fund and ING Trust on behalf of the Acquired Portfolio, represents Fund represent and warrants warrant to each other that there are no brokers or finders entitled to receive any payments in connection with the transactions provided for herein. 9.2. 10.2 The expenses relating to the proposed Reorganization will be shared so that (1) half of such costs are borne by the investment adviser adviser(s) to the Acquired and Acquiring PortfoliosFunds, and (2) half are borne by the Acquired and Acquiring Portfolios Funds and will be paid by the Acquired Portfolio Fund and Acquiring Portfolio Fund pro rata based upon the relative net assets of the Acquired Portfolio Fund and Acquiring Portfolio Fund as of the close of business on the record date for determining the shareholders of the Acquired Portfolio Fund entitled to vote on the Reorganization. The costs of the Reorganization shall include, but not be limited to, costs associated with obtaining any necessary order of exemption from the 1940 Act, preparation of the Registration Statement, printing and distributing the Acquiring PortfolioFund's prospectus and the Acquired PortfolioFund's proxy materials, legal fees, accounting fees, securities registration fees, and expenses of holding shareholders' meetings. Notwithstanding any of the foregoing, expenses will in any event be paid by the party directly incurring such expenses if and to the extent that the payment by another person of such expenses would result in the disqualification of such party as a "regulated investment company" within the meaning of Section 851 of the Code.