Common use of CERTAIN DEDUCTIONS AND DISTRIBUTIONS Clause in Contracts

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about the last business day of each month, or at such other time as may be specified in the Prospectus, the Trustee shall separately with respect to each Trust Fund: (1) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurred; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (4) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (5) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income Distribution") (1) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (i) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (ii) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Account of the Trust Fund computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1) deducting from such cash balance the total of (i) cash required to cover contracts to purchase Securities, (ii) cash required for the redemption of unredeemed tendered Units and (iii) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Nuveen Unit Trusts Series 104)

AutoNDA by SimpleDocs

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about before each Interest Distribution Date as of the last close of business day of each month, or at such other time as may be specified in on the Prospectus, preceding Record Date the Trustee shall separately with respect to each Trust FundFund to which such Interest Distribution Date relates: (1) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to itself individually (i) the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurredincurred and (ii) the amounts that it is at the time entitled to receive under the terms of Section 3.01 in reimbursement of amounts advanced by it pursuant to that Section; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (43) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of bond counsel pursuant to Section 3.07 3.08 as certified by the Depositor; (54) deduct from the Income Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 3.13 on account of its services theretofore performed and expenses theretofore incurred; and; (65) deduct from the Income Account Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account, and reimburse itself for any other fees and expenses arising from time to time out of the Trust operations that the Trustee has paid; and (6) deduct from the Interest Account, or, to the extent funds are not available in such Account, from the Principal Account and pay to the Depositor Insurer the amount that of any premium to which it is at the time entitled to receive receive, pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate2.05. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution Interest Distribution per Unit for the next Income Interest Distribution Date (each such amount being herein called the "Income Interest Distribution") (1i) by deducting from adding to the amount actually received with respect to dividends interest on the Securities Bonds in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the estimated interest income on the Bonds in the Trust Fund to be received for the eleven-month period following such Record Date, (ii) by deducting from the amount determined in accordance with the preceding clause (i) the total of (iX) the sum of the amounts to be deducted from the Income Interest Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (iiY) the Trustee's estimate estimated sum of other expenses properly chargeable the amounts to be deducted from the Income Interest Account of such Trust Fund pursuant to the Agreement which have accrued, as foregoing provisions of Section 3.04(a) during the eleven-month period following such Record Date, or are otherwise properly attributable to (iii) dividing the period to which amount so obtained by 12 (the number of Interest Distribution Dates per year for such Income Distribution relates Unit), and (2iv) by dividing the result of the calculation performed pursuant to the immediately preceding clause (iii) by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Interest Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Interest Distribution computed as of such Record Date. To the extent that moneys in the Capital Principal Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Principal Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Principal Account of the Trust Fund computed as of the close of business on the preceding Record Date Dates for such Capital Principal Distribution Date Dates by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase SecuritiesBonds, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Principal Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Principal Distribution Date. Notwithstanding anything to ; provided, however, that if the contrary contained balance of the Principal Account on any such Record Date is less than that amount stated in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and Part II of the Trust Fund's portfolio is based upon an indexAgreement, no distribution from the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Principal Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable indexneed be made. In making the computation of any Unitholder's interest in the balance of the Income Interest and Capital Principal Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income Interest or Capital Principal Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor (i) fails to replace any failed Special Security Bond (as defined in Section 3.10)3.12) or (ii) is unable or fails to enter into any contract for the purchase of any New Bond in accordance with Section 3.12, the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security andprincipal, to the extent supplied by the Depositor, the accrued interest and sales charge attributable to such Special Security Bonds not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.103.

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Voyageur Tax Exempt Trust Series 5)

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. Each month the Trustee shall satisfy itself as to the adequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.03 and shall then: (a) On or about deduct from the last business day Income Account or, to the extent such funds are not available in such Account, from the Capital Account, and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Sections 8.01 and 8.05 on account of each monthits services theretofore performed and expenses, or at losses and liabilities theretofore incurred, if any; (b) deduct from the Income Account or, to the extent funds are not available in such other time as may be account, from the Capital Account, and pay to itself individually an amount equal to the portion of the advance for the Initial Costs specified in the Prospectus, the Trustee shall separately with respect Section 10.02(b) for which it is then entitled to each Trust Fund:reimbursement pursuant to such section; (1c) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account Account, and pay to itself individually the amounts Sponsor or successor Sponsor the amount that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed Sections 7.02 and expenses theretofore incurred;8.01(f); and (2d) to the extent that the Trustee has been advised that costs incurred in keeping the registration of Units and the Trust on a current basis are permitted to be deducted at that time by the Securities and Exchange Commission, deduct from the Income Account, or, or to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances an amount equal to the unpaid fees and expenses arising from time to time out of incurred in keeping the Trust Fund operations registration statement current as provided in Section 10.03. Any amounts that the Trustee has paid; paid pursuant to (3c) deduct from above in excess of the Income Account or, amount to which the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator Sponsor is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (4) deduct from the Income Account or7.02, shall be returned to the extent funds are not available in such Account, from the Capital Account Trust and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (5) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based distributed on the number next Distribution Date to Unitholders of Units outstanding record on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income Distribution") (1) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (i) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (ii) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Account Distribution DateDate with respect to Income Account Distributions ("Income Distributions"), and on each annual Distribution Date with respect to Capital Account Distributions ("Capital Distributions") or within a reasonable period of time thereafter, the Trustee shall distribute with respect by check mailed to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date at his address appearing on such Record Date on the registration books of the Trustee or by such other means as may be mutually agreed upon by the Trustee and the Unitholder, such Unitholder's pro rata share of the balance of the Income and/or Capital Accounts, as the case may be, computed as of such Record Date in the manner set forth below, provided, however, that the Trustee, if so directed with respect to distributions from the Income Account and the Capital Account in a writing signed by the Sponsor on behalf of Unitholders electing the reinvestment plan offered in the Prospectus (the "Reinvestment Plan") and received by the Trustee at least ten days prior to the Record Date for the first distribution to which such notice is to apply, use such distributions to purchase Units from the Sponsor, which may be Units held by the Sponsor or additional Units created pursuant to the provisions of Section 2.02, for the accounts of such Unitholders under the terms and conditions set forth in the Prospectus. Only whole Units shall be purchased pursuant to this Section 3.04. The Trustee shall, as of each Income Account Record Date, compute and report to the Sponsor the per-Unit amount of the monthly income distribution to be made on the next following Distribution Date (the "Monthly Income Distribution") by (i) estimating the annual income of the Trust Fund for the ensuing twelve months (by reference to the most recent distributions made on Securities and any information received by the Trustee with respect to future dividends or other income), (ii) deducting therefrom the estimated costs and expenses to be incurred during the twelve-month period for which such income has been estimated and (iii) dividing the amount so obtained by the result by twelve (12) multiplied by the number of Units outstanding on such Record Date. However, unless the Trustee or the Sponsor determines that the Monthly Income Distribution should be reduced as provided hereafter, the amount of the Monthly Income Distribution shall be the amount computed by the Trustee on the most recent prior, or concurrently occurring, Quarterly Computation Date (such "Quarterly Computation Date" being the first Income Account Record Date and each Record Date occurring at three-month intervals thereafter). The Trustee shall adjust the amount of the Monthly Income Distribution computed on each Quarterly Computation Date to reconcile, over the ensuing three Monthly Income Distributions, any variance between net income and distributions made during the preceding three months. Notwithstanding the foregoing, the Trustee may reduce the amount of any Monthly Income Distribution in the event the Trustee or the Sponsor determines that such reduction is necessary to avoid, or to respond to, a significant discrepancy between estimated and actual net income. In the event the amount on deposit in the Income Account of the Trust Fund on a Distribution Date is not sufficient for the payment of the amount of income to be distributed on the basis of the above computation, the Trustee shall advance out of its own funds and cause to be deposited in and credited to the Income Account such amount as may be required to permit payment of the income distribution to be made on such Distribution Date and shall be entitled to be reimbursed out of the income subsequently received, without interest, on the first Income Account Record Date following the date of such advance on which such reimbursement may be made without reducing the cash balance of the Income Account to an amount less than that required for the next ensuing distribution. The Trustee shall be deemed to be the beneficial owner of the dividends or other income received by the Trust Fund to the extent of all amounts advanced by it pursuant to this paragraph, and such advances shall be considered a lien on the Trust Fund prior to the interest of Unitholders. The Unitholders distribution from the Capital Account shall be an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holderUnitholder's pro rata share of the cash balance of the Capital Account of the Trust Fund (but not including cash required to purchase Contract Securities or held for reinvestment in Replacement Securities purchased pursuant to Section 3.15) computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1) deducting from such cash balance the total of (i) cash required to cover contracts to purchase Securities, (ii) cash required for the redemption of unredeemed tendered Units and (iii) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an indexprovided, the Depositor or its designee mayhowever, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated required to make a distribution from the Capital Account if unless the amount cash balance on deposit therein available for such distribution is less than $1.00 shall be sufficient to distribute at least that amount per 100 UnitsUnit stated in the Trust Indenture. When directed The amounts to be distributed to each Unitholder shall be that pro rata share of the cash balances of the Income and Capital Accounts of the Trust Fund, computed as provided above, as shall be represented by the DepositorUnits owned by such Unitholder as evidenced by the record books of the Trustee as of the applicable Record Date. In computing the distribution to be made to any Unitholder, fractions of one cent shall be omitted. In the event a Unitholder of a particular series of any Trust fund is also a Unitholder of one or more other series of a trust for which the Trustee is the trustee and for which the Sponsor is the sole depositor, and such Unitholder has not elected to participate in the Reinvestment Plan, then the Trustee shall consolidate in one check the distribution required to be made to a Unitholder hereunder with all other distributions required to be made on such Distribution Date to such Unitholder pursuant to the indenture governing such other series; provided that an appropriate statement of distribution be furnished therewith as required by the applicable Trust Indenture." N. The following sentence shall be added at the conclusion of the first paragraph of Section 4.01: "Notwithstanding any contrary provision of this paragraph, the Trustee shall, unless the Sponsor shall otherwise direct, evaluate any Restricted Security which is the subject of a registration rights agreement or other similar agreement at the last reported sales price of the comparable security of the same issuer listed on a national securities exchange (and if such comparable security is listed on more than one exchange, at the last reported sales price on the exchange where such security is principally traded.) In the event that there is no comparable security listed on a national securities exchange for such Restricted Security, the Trustee shall invest funds held designate an appraisal service as provided for in this Indenture, which appraisal service shall consider the Capital or Income Accounts, pending distribution, factors provided in money market mutual funds or U.S. Treasury obligations which mature on or before this Section 4.01 for the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvestedpurpose of valuing such Restricted Security. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10"

Appears in 1 contract

Samples: Trust Indenture and Agreement (Painewebber Equity Trust Reit Series I)

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about before each Interest Distribution Date as of the last close of business day of each month, or at such other time as may be specified in on the Prospectus, preceding Record Date the Trustee shall separately with respect to each Trust FundFund to which such Interest Distribution Date relates: (1) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to itself individually (i) the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurredincurred and (ii) the amounts that it is at the time entitled to receive hereunder in reimbursement of amounts advanced by it; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (43) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of bond counsel pursuant to Section 3.07 3.08 as certified by the Depositor; (54) deduct from the Income Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 3.13 on account of its services theretofore performed and expenses theretofore incurred; and; (65) deduct from the Income Account Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account, and reimburse itself for any other fees and expenses arising from time to time out of the Trust operations that the Trustee has paid; (6) deduct from the Interest Account, or, to the extent funds are not available in such Account, from the Principal Account and pay to the Insurer the amount of any premium to which it is at the time entitled to receive, pursuant to Section 2.05; and (7) deduct from the Interest Account, or, to the extent funds are not available in such Account, from the Principal Account, and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate3.14. (b) The Trustee, as of the "First Settlement Date", as defined in the Prospectus, shall advance from its own funds and shall pay to the Unitholders of the respective Trusts then of record the amount of interest received or accrued to such date on the Bonds deposited in the respective Trusts, net of a proportionate amount of Trust expenses attributable to the period between the date of the Trust Agreement and the First Settlement Date. The Trustee shall also advance from its own funds and pay the Depositor the amount specified in the Prospectus, which is all or a portion of the interest which accrues on any "when-issued" Bonds deposited in the Trusts and Bonds delivered to the Trusts after the First Settlement Date from the First Settlement Date to the respective dates of delivery to the respective Trust of any of such Bonds. Subsequent distributions shall be made as herinafter provided. The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution Interest Distribution per Unit for the next Income Interest Distribution Date (each such amount being herein called the "Income DistributionINTEREST DISTRIBUTION") (1) by deducting from as follows: Such amount shall be equal to the estimated amount actually received with respect to dividends of interest accrued on the Securities in Bonds from and including the Trust Fund during the period from the Record Date immediately preceding such Record Date (or First Settlement Date, as appropriate) through but not including the Initial Date of Deposit if such Record Date on which the computation is the first Record Date) to and including such Record Date the total of made, less (i) the amounts estimated annual costs and expenses allocable (on a per diem basis) to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and period, (ii) interest attributable to such period paid or payable in connection with redemption of Units and (iii) amounts previously advanced by the Trustee's estimate of other expenses properly chargeable to the Income Account Trustee pursuant to the Agreement this Section which have accruedare now deemed to be uncollectible, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause divided by the number of Units outstanding on the applicable Record DateDate on which the computation is being made. On or shortly after each Income Interest Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Interest Distribution computed as of such Record Date. To the extent that moneys in the Capital Principal Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Principal Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Principal Account of the Trust Fund computed as of the close of business on the preceding Record Date Dates for such Capital Principal Distribution Date Dates by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase SecuritiesBonds, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Principal Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Principal Distribution Date. Notwithstanding anything to ; provided, however, that if the contrary contained balance of the Principal Account on any such Record Date is less than that amount stated in this paragraph, if a the Prospectus for each respective Trust Fund has elected to be treated as a under the caption "regulated investment companyDistribution Dates" as defined appearing in the Internal Revenue Code and "Summary of Essential Financial Information," no distribution from the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Principal Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable indexneed be made. In making the computation of any Unitholder's interest in the balance of the Income Interest and Capital Principal Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income Interest or Capital Principal Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital Income or Income Principal Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution dateDistribution Date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor (i) fails to replace any failed Special Security Bond (as defined in Section 3.10)3.12) or (ii) is unable or fails to enter into any contract for the purchase of any New Bond in accordance with Section 3.12, the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security principal, accrued interest and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security Bonds not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.103.

Appears in 1 contract

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

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about the last business day of each monthRecord Date, or at such other earlier time as may be specified in the Prospectus, the Trustee shall separately with respect to each Trust Fund: (1) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurred; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (43) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (54) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; (5) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust operations that the Trustee has paid; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income DistributionINCOME DISTRIBUTION") (1i) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (ix) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (iiy) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement Indenture which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2ii) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Account of the Trust Fund computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase Securities, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10

Appears in 1 contract

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

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about before each Interest Distribution Date as of the last close of business day of each month, or at such other time as may be specified in on the Prospectus, preceding Record Date the Trustee shall separately with respect to each Trust FundFund to which such Interest Distribution Date relates: (1) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to itself individually (i) the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurredincurred and (ii) the amounts that it is at the time entitled to receive hereunder in reimbursement of amounts advanced by it; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (43) deduct from the Income Interest Account or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of bond counsel pursuant to Section 3.07 3.08 as certified by the Depositor; (54) deduct from the Income Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 3.13 on account of its services theretofore performed and expenses theretofore incurred; and; (65) deduct from the Income Account Interest Account, or, to the extent funds are not available in such Account, from the Capital Principal Account, and reimburse itself for any other fees and expenses arising from time to time out of the Trust operations that the Trustee has paid; (6) deduct from the Interest Account, or, to the extent funds are not available in such Account, from the Principal Account and pay to the Insurer the amount of any premium to which it is at the time entitled to receive, pursuant to Section 2.05; and (7) deduct from the Interest Account, or, to the extent funds are not available in such Account, from the Principal Account, and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate3.14. (b) The Trustee, as of the "First Settlement Date", as defined in the Prospectus, shall advance from its own funds and shall pay to the Unitholders of the respective Trusts then of record the amount of interest received or accrued to such date on the Bonds deposited in the respective Trusts, net of a proportionate amount of Trust expenses attributable to the period between the date of the Trust Agreement and the First Settlement Date. The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution Interest Distribution per Unit for the next Income Interest Distribution Date (each such amount being herein called the "Income DistributionINTEREST DISTRIBUTION") (1) by deducting from as follows: Such amount shall be equal to the estimated amount actually received with respect to dividends of interest accrued on the Securities in Bonds from and including the Trust Fund during the period from the Record Date immediately preceding such Record Date (or First Settlement Date, as appropriate) through but not including the Initial Date of Deposit if such Record Date on which the computation is the first Record Date) to and including such Record Date the total of made, less (i) the amounts estimated annual costs and expenses allocable (on a per diem basis) to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and period, (ii) interest attributable to such period paid or payable in connection with redemption of Units and (iii) amounts previously advanced by the Trustee's estimate of other expenses properly chargeable to the Income Account Trustee pursuant to the Agreement this Section which have accruedare now deemed to be uncollectible, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause divided by the number of Units outstanding on the applicable Record DateDate on which the computation is being made. On or shortly after each Income Interest Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Interest Distribution computed as of such Record Date. To the extent that moneys in the Capital Principal Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Principal Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Principal Account of the Trust Fund computed as of the close of business on the preceding Record Date Dates for such Capital Principal Distribution Date Dates by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase SecuritiesBonds, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Principal Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Principal Distribution Date. Notwithstanding anything to ; provided, however, that if the contrary contained balance of the Principal Account on any such Record Date is less than that amount stated in this paragraph, if a the Prospectus for each respective Trust Fund has elected to be treated as a under the caption "regulated investment companyDistribution Dates" as defined appearing in the Internal Revenue Code and "Summary of Essential Financial Information," no distribution from the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Principal Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable indexneed be made. In making the computation of any Unitholder's interest in the balance of the Income Interest and Capital Principal Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income Interest or Capital Principal Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital Income or Income Principal Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution dateDistribution Date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor (i) fails to replace any failed Special Security Bond (as defined in Section 3.10)3.12) or (ii) is unable or fails to enter into any contract for the purchase of any New Bond in accordance with Section 3.12, the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security principal, accrued interest and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security Bonds not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.103.

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Voyageur Unit Investment Trust Series 10)

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. Each month the Trustee shall satisfy itself as to the adequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.03 and shall then: (a) On or about deduct from the last business day of each monthIncome Account or, to the extent such funds are not available in such Account, from the Capital Account, or to the extent such funds are not available in such Account, sell Securities in accordance with Section 5.02, and pay to itself individually the amounts that it is at such other the time as may be specified in the Prospectusentitled to receive pursuant to Sections 8.01 and 8.05 on account of its services theretofore performed and expenses, the Trustee shall separately with respect to each Trust Fund:losses and liabilities theretofore incurred, if any; (1b) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account Account, and pay to itself individually an amount equal to the amounts that portion of the advance for Initial Costs specified in 10.02(b) for which it is at the time then entitled to receive reimbursement pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurredsuch section; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3c) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account Account, and pay to the Evaluator Sponsor or successor Sponsor the amounts amount that the Evaluator it is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed Sections 7.02 and expenses theretofore incurred;8.01(f); and (4d) to the extent that the Trustee has been advised that costs incurred in keeping the registration of Units and the Trust on a current basis are permitted to be deducted at that time by the Securities and Exchange Commission, deduct from the Income Account orAccount, or to the extent funds are not available in such Account, from the Capital Account and pay to counsel Account, an amount equal to the unpaid fees and expenses, if any, expenses incurred in keeping the registration statement current as provided in Section 10.03. Any amounts that the Trustee has paid pursuant to (c) above in excess of counsel the amount to which the Sponsor is entitled pursuant to Section 3.07 as certified by the Depositor; (5) deduct from the Income Account7.02, or, shall be returned to the extent funds are not available in such Account, from the Capital Account Trust and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based distributed on the number next Distribution Date to Unitholders of Units outstanding record on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income Distribution") (1) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (i) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (ii) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, or within a reasonable period of time thereafter, the Trustee shall distribute with respect by mail to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of at his address appearing on such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, Date on the Capital Distribution Dates each Unitholder shall receive registration books of the Trustee or by such holderother means as may be mutually agreed upon by the Trustee and the Unitholder, such Unitholder's pro rata share of the cash balance of the Income and Capital Account of the Trust Fund Accounts, computed as of such Record Date in the close manner set forth below (the "Income Distribution") provided, however that the Trustee, if so directed with respect to distributions from the Income Account and the Capital Account in a writing signed by the Sponsor on behalf of business Unitholders electing the Reinvestment Plan offered in the Prospectus and received by the Trustee on or before the preceding Record Date for the first distribution to which such Capital notice is to apply, use such distributions to purchase Units from the Sponsor, which may be Units held by the Sponsor or additional Units created pursuant to the provisions of Section 2.02, for the accounts of such Unitholders under the terms and conditions set forth in the Prospectus. Only whole Units shall be purchased pursuant to this Section. The Trustee shall on or before each Distribution Date compute the amount of the distribution per Unit for such Distribution Date (i) by (1) deducting from the cash on hand in the Capital and Income Accounts as of the Record Date immediately preceding such cash balance Distribution Date the total of (i) cash required to cover contracts to purchase Securities, (iiX) cash required for the redemption of unredeemed tendered Units and (iiiY) the sum of the amounts to be deducted from the Capital Account as of each such Record Accounts on or before such Distribution Date pursuant to the foregoing provisions of this Section 3.04(a) 3.04 and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to No distribution need be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in made from the Capital Account if the balance therein is less than an amount set forth in the Indenture. The amount to be so distributed to each Unitholder shall be that have not previously been used to pay for pro rata share of the redemption cash balance of the Income and Capital Accounts, computed as set forth herein, as shall be represented by the number of Units tendered to a Trust Fund into any Securities included in evidenced by the applicable indexnumber of Units held of record by such Unitholder. In making the computation of any Unitholdersuch holder's interest in pro rata share of the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the event a Unitholder of a particular series of any Trust fund is also a Unitholder of one or more other series of a trust for which the Trustee in its discretion may on any Distribution Date determine that is the amount trustee and for which the Sponsor is the sole depositor, and such Unitholder has not elected to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease participate in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the DepositorReinvestment Plan, then the Trustee shall invest funds held consolidate in one check the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature distribution required to be made to a Unitholder hereunder with all other distributions required to be made on or before such Distribution Date to such Unitholder pursuant to the next indenture governing such other series; provided that an appropriate statement of distribution be furnished therewith as required by the applicable distribution dateTrust Indenture." N. The second paragraph of Section 3.05 shall be amended as follows: the phrase "Within a reasonable period of time after the last day of each calendar year. Any obligations so acquired must . ." shall be held until they mature deleted and proceeds therefrom may not the following phrase shall be reinvestedsubstituted therefor: "Within 60 days following the last day of each calendar year commencing with calendar year 1997. (c) If O. The text of Section 3.06 shall be deleted in its entirety and the Depositor fails to replace any failed Special Security (as defined following text shall be inserted in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10its place:

Appears in 1 contract

Samples: Trust Indenture and Agreement (Painewebber Equity Trust Growth Stock Series 20)

AutoNDA by SimpleDocs

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about the last business day of each monthRecord Date, or at such other earlier time as may be specified in the Prospectus, the Trustee shall separately with respect to each Trust Fund: (1) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurred; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (4) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (5) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income DistributionINCOME DISTRIBUTION") (1i) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (ix) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (iiy) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement Indenture which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2ii) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Account of the Trust Fund computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase Securities, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10

Appears in 1 contract

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

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about before each Income Distribution Date as of the last close of business day of each month, or at such other time as may be specified in on the Prospectus, preceding Record Date the Trustee shall separately with respect to each Trust FundFund to which such Income Distribution Date relates: (1) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurred; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (43) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (54) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (65) deduct from the Income Account Account, or, to the extent funds are not available in such Account, from the Capital Account Account, and pay reimburse itself for any other fees and expenses arising from time to time out of the Depositor the amount Trust operations that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriatepaid. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income DistributionINCOME DISTRIBUTION") (1i) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (i) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (ii) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Account of the Trust Fund computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1i) deducting from such cash balance the total of (iX) cash required to cover contracts to purchase Securities, (iiY) cash required for the redemption of unredeemed tendered Units and (iiiZ) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the The Trustee shall invest is authorized to reinvest any funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the and sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Voyageur Unit Investment Trust Series 4)

CERTAIN DEDUCTIONS AND DISTRIBUTIONS. (a) On or about the last business day of each month, or at such other time as may be specified in the Prospectus, the Trustee shall separately with respect to each Trust Fund: (1) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 8.05 on account of its services theretofore performed and expenses theretofore incurred; (2) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account, and reimburse itself for any other fees, advances and expenses arising from time to time out of the Trust Fund operations that the Trustee has paid; (3) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Evaluator the amounts that the Evaluator is at the time entitled to receive pursuant to Section 4.03 on account of its services theretofore performed and expenses theretofore incurred; (4) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to counsel an amount equal to unpaid fees and expenses, if any, of counsel pursuant to Section 3.07 as certified by the Depositor; (5) deduct from the Income Account, or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amounts that the Depositor is at the time entitled to receive pursuant to Section 3.11 on account of its services theretofore performed and expenses theretofore incurred; and (6) deduct from the Income Account or, to the extent funds are not available in such Account, from the Capital Account and pay to the Depositor the amount that it is entitled to receive pursuant to Section 3.13. The amounts paid to the Trustee, Evaluator and the Depositor pursuant to Sections 3.11, 3.13, 4.03 and 8.05, shall accrue daily and, until the Trustee is notified by the Depositor that the primary offering period has terminated, where applicable, be based upon the number of Units outstanding on each day. After the primary offering period has terminated, the fees, where applicable, shall accrue daily and be based on the number of Units outstanding on the first business day of each calendar year in which the fee is calculated or the number of Units outstanding at the end of the primary offering period, as appropriate. (b) The Trustee shall for each Trust Fund as of the close of business on the applicable Record Date compute the amount of the income distribution per Unit for the next Income Distribution Date (each such amount being herein called the "Income Distribution") (1i) by deducting from the amount actually received with respect to dividends on the Securities in the Trust Fund during the period from the Record Date preceding such Record Date (or the Initial Date of Deposit if such Record Date is the first Record Date) to and including such Record Date the total of (i1) the amounts to be deducted from the Income Account of such Trust Fund as of such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (ii2) the Trustee's estimate of other expenses properly chargeable to the Income Account pursuant to the Agreement Indenture which have accrued, as of such Record Date, or are otherwise properly attributable to the period to which such Income Distribution relates and (2ii) by dividing the result of the calculation performed pursuant to the immediately preceding clause by the number of Units outstanding on the applicable Record Date. On or shortly after each Income Distribution Date, the Trustee shall distribute with respect to each Unitholder of the Trust Fund of record at the close of business on the preceding Record Date an amount substantially equal to the Income Distribution computed as of such Record Date. To the extent that moneys in the Capital Account have not been previously used to pay for the redemption of Units tendered to a Trust Fund, on the Capital Distribution Dates each Unitholder shall receive such holder's pro rata share of the cash balance of the Capital Account of the Trust Fund computed as of the close of business on the preceding Record Date for such Capital Distribution Date by (1i) deducting from such cash balance the total of (i1) cash required to cover contracts to purchase Securities, (ii2) cash required for the redemption of unredeemed tendered Units and (iii3) the sum of the amounts to be deducted from the Capital Account as of each such Record Date pursuant to the foregoing provisions of Section 3.04(a) and (2ii) dividing the amount so obtained by the number of Units outstanding on the Record Date immediately preceding such Capital Distribution Date. Notwithstanding anything to the contrary contained in this paragraph, if a Trust Fund has elected to be treated as a "regulated investment company" as defined in the Internal Revenue Code and the Trust Fund's portfolio is based upon an index, the Depositor or its designee may, but is not obligated to, direct the investment of any amounts held in the Capital Account that have not previously been used to pay for the redemption of Units tendered to a Trust Fund into any Securities included in the applicable index. In making the computation of any Unitholder's interest in the balance of the Income and Capital Accounts, fractions of less than one cent per Unit shall be omitted. In addition, the Trustee in its discretion may on any Distribution Date determine that the amount to be distributed to Unitholders should be more or less than the amount of the applicable Income or Capital Distribution per Unit because of any unusual or extraordinary increase or decrease in the expenses incurred or expected to be incurred by such Trust Fund. The Trustee shall not be obligated to make a distribution from the Capital Account if the amount available for such distribution is less than $1.00 per 100 Units. When directed by the Depositor, the Trustee shall invest funds held in the Capital or Income Accounts, pending distribution, in money market mutual funds or U.S. Treasury obligations which mature on or before the next applicable distribution date. Any obligations so acquired must be held until they mature and proceeds therefrom may not be reinvested. (c) If the Depositor fails to replace any failed Special Security (as defined in Section 3.10), the Trustee shall distribute to all Unitholders the moneys originally deposited with respect to such Special Security and, to the extent supplied by the Depositor, the sales charge attributable to such Special Security not more than 30 days after the expiration of the Purchase Period (as defined in Section 3.10

Appears in 1 contract

Samples: Standard Terms and Conditions of Trust (Nuveen Unit Trusts Series 103)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!