Common use of Charges of Trustee Clause in Contracts

Charges of Trustee. (a) The following charges shall be incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5 or less (as determined in the sole discretion of the Trustee) per 100 Receipts for the execution and Delivery of Receipts pursuant to Section 2.5, and, in addition, for the Surrender of Receipts pursuant to Section 2.7, (3) a custodial fee which shall accrue on the first day of each calendar quarter at a rate of $.01 or less (as determined in the sole discretion of the Trustee) per Receipt per quarter for the custodial services under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions), and (4) a $.25 per 100 Receipts handling fee which shall be incurred for each cash dividend or other cash distribution in respect of the Underlying Securities at such time that such distributions are made (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected by deducting such fee from the related cash dividends or other cash distributions when made); provided, however, that with respect to the aggregate fee accrued in any calendar year under clause (3) and clause (4) with respect to each Receipt, no such fee shall accrue which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt. The fees payable pursuant to this Section 5.6(a) shall be deemed to be full reimbursement to the Trustee for all Trust Expenses.

Appears in 2 contracts

Samples: Trust Agreement (Epoch Securities Inc), Trust Agreement (Epoch Securities Inc)

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Charges of Trustee. (a) The following charges shall be incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5 or less (as determined in the sole discretion of the Trustee) per 100 Receipts for the execution and Delivery of Receipts pursuant to Section 2.5, and, in addition, for the Surrender of Receipts pursuant to Section 2.7, (3) a custodial fee which shall accrue on the first day of each calendar quarter at a rate of $.01 or less (as determined in the sole discretion of the Trustee) per Receipt per quarter for the custodial services under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions), and (4) a $.25 per 100 Receipts handling fee which shall be incurred for each cash dividend or other cash distribution in respect of the Underlying Securities at such time that such distributions are made (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected by deducting such fee from the related cash dividends or other cash distributions when made)) ; provided, however, that with respect to the aggregate fee accrued in any calendar year under clause (3) and clause (4) with respect to each Receipt, no such fee shall will accrue which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt. The fees payable pursuant to this Section 5.6(a) shall be deemed to be full reimbursement to the Trustee for all Trust Expenses.

Appears in 2 contracts

Samples: Trust Agreement (Epoch Securities Inc), Trust Agreement (Epoch Securities Inc)

Charges of Trustee. (a) The following charges shall be incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5 or less (as determined in the sole discretion of the Trustee) per 100 Receipts for the execution and Delivery of Receipts pursuant to Section 2.5, and, in addition, for the Surrender of Receipts pursuant to Section 2.7, (3) a custodial fee which shall accrue on the first day of each calendar quarter at a rate of $.01 or less (as determined in the sole discretion of the Trustee) per Receipt per quarter for the custodial services under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions); provided, however, that with respect to the aggregate fee accrued in any calendar year under this clause (3) with respect to each Receipt, no such fee shall accrue which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt and the Trustee will waive any portion of the custodial fee that exceeds the total cash dividends and other cash distributions made during the current quarter, and (4) to the extent that there are funds available for distribution after the quarterly custodial fee is deducted pursuant to clause (3), a $.25 per 100 Receipts handling fee which shall be incurred for each cash dividend or other cash distribution in respect of the Underlying Securities at such time that such distributions are made (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected by deducting such fee from the related cash dividends or other cash distributions when mademade after the quarterly custodial fee is deducted); provided, however, that with respect to if the aggregate fee accrued in related cash dividend or cash distribution does not fully pay the related handling fee, the Trustee will waive any calendar year under clause (3) and clause (4) with respect to each Receipt, no such fee shall accrue which exceeds remaining portion of the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipthandling fee. The fees payable pursuant to this Section 5.6(a) shall be deemed to be full reimbursement to the Trustee for all Trust Expenses.

Appears in 1 contract

Samples: Trust Agreement (Epoch Securities Inc)

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Charges of Trustee. (a) The following charges shall be incurred by any party depositing or withdrawing Securities or by any party Surrendering Receipts or to whom Receipts are Delivered or any Owner, as applicable: (1) taxes and charges and other fees payable in respect of the Underlying Securities assessed by third-party custodians, depositories, depositary banks or transfer agents in the ordinary course of their respective businesses, (2) a fee of $5 or less (as determined in the sole discretion of the Trustee) per 100 Receipts for the execution and Delivery of Receipts pursuant to Section 2.5, and, in addition, for the Surrender of Receipts pursuant to Section 2.7, (3) a custodial fee which shall accrue on the first day of each calendar quarter at a rate of $.01 or less (as determined in the sole discretion of the Trustee) per Receipt per quarter for the custodial services under the Depositary Trust Agreement (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected at the Trustee's discretion by deducting such fee from one or more cash dividends or other cash distributions); provided, however, that with respect to the aggregate fee accrued in any calendar year under this clause (3) with respect to each Receipt, no such fee shall accrue which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receipt, and (4) to the extent that there are funds available for distribution after the quarterly custodial fee is deducted pursuant to clause (3), a $.25 per 100 Receipts handling fee which shall be incurred for each cash dividend or other cash distribution in respect of the Underlying Securities at such time that such distributions are made (which fee shall be assessed against Owners of record as of the date or dates set by the Trustee in accordance with Section 4.5 and shall be collected by deducting such fee from the related cash dividends or other cash distributions when mademade after the quarterly custodial fee is deducted); provided, however, that with respect to if the aggregate fee accrued in any calendar year under clause (3) and clause (4) with respect to each Receiptrelated distribution does not fully pay the related handling fee, no such the handling fee shall accrue which exceeds the total cash dividends and other cash distributions the record date for which falls in such calendar year and payable with respect to such Receiptexpire. The fees payable pursuant to this Section 5.6(a) shall be deemed to be full reimbursement to the Trustee for all Trust Expenses.

Appears in 1 contract

Samples: Trust Agreement (Epoch Securities Inc)

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