Common use of Compensation and Allocation of Expenses Clause in Contracts

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Plan of Distribution adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan"), the retail class of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were made.

Appears in 5 contracts

Samples: Distribution Agreement (First American Investment Funds Inc), Distribution Agreement (First American Investment Funds Inc), Distribution Agreement (Portico Funds Inc /Mn/)

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Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Class R Distribution Plan of Distribution (the "Plan") adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan")Act, the retail class Class R Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .250.50% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the FundFunds. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed incurred by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class Shares ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those these expenditures were made.

Appears in 2 contracts

Samples: Class R Distribution Agreement (First American Strategy Funds Inc), Class R Distribution Agreement (First American Investment Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Class A Plan of Distribution (the "Retail Plan") adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan")Act, the retail class Class A Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time Pursuant to time by the Fund's Board of Directors. Until further action by Class D Distribution Plan (the Board of Directors, all of such fee shall be designated "Class D Plan" and payable as a Shareholder Servicing Fee. Amounts payable to together with the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Retail Plan, the Distributor shall not be entitled to reimbursement "Plans"), adopted by the Fund.Portfolios in accordance with Rule 12b-1 under the 1940 Act, Class D Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class Class A Shares and Class D Shares of each Portfolio and to the shareholders of Treasury Reserve Fund (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and end reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan Plans on a class by class basis and the purposes for which those expenditures were made.

Appears in 2 contracts

Samples: Distribution Agreement (First American Funds Inc), Distribution Agreement (First American Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Class A Plan of Distribution adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Retail Plan"), the retail class Class A Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. Pursuant to the Fund's Class D Distribution Plan (the "Class D Plan" and together with the Retail Plan, the "Plans"), adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act, Class D Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .15% of the value of the average daily net assets of such class. All or any portion of such the total fee under the Plans may be payable as Shareholder Servicing Fee as described in the PlanPlans, and all or any portion of such total fee may be payable as a Distribution Fee as described in the PlanPlans, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan Plans may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the PlanPlans, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class Class A Shares and Class D Shares of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were made.

Appears in 1 contract

Samples: Distribution Agreement (First American Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant The Company shall compensate the Administrator for its services rendered pursuant to the Fund's retail class Plan of Distribution adopted by the Portfolios this Agreement in accordance with Rule 12b-1 under the 1940 Act (fees set forth in Schedule A hereto. Such fees do not include out-of-pocket disbursements of the "Plan")Administrator, for which the Administrator shall be entitled to xxxx separately. Out-of-pocket disbursements shall include, but shall not be limited to, the retail class items specified in Schedule A hereto. Fees shall be payable monthly in arrears on the first business day of each Portfolio will month. The Administrator shall not be required to pay the Distributor a total fee any Company expenses except those that it has agreed to pay in connection with performing the servicing duties described herein or which it has agreed to pay in another written agreement between the parties hereto. Upon any termination of shareholder accounts this Agreement before the end of any month, the fee for such class and in connection with distribution-related services provided in respect period shall be prorated according to the proportion that such period bears to the full monthly period. For purposes of such classdetermining fees payable to the Administrator, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. All or any portion of such total fee may the Company shall be payable as Shareholder Servicing Fee as described computed at the time and in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described manner specified in the Planthen-current confidential private placement memorandum and Limited Liability Company Agreement of the Company. The Administrator shall not be required to pay for any services provided by other parties directly retained by the Company. The Administrator may, as determined from time to time time, employ or associate itself with such person or persons as the Administrator may believe to be particularly suited to assist it in performing services under this Agreement. Such person or persons may be officers and employees who are employed by both the Administrator and the Company. The compensation of such person or persons shall be paid by the Fund's Board of Directors. Until further action by the Board of DirectorsAdministrator, all of such fee and no obligation shall be designated and payable as incurred on behalf of the Company in such respect. The Administrator may apply a Shareholder portion of its fee (the "Investor Servicing Fee. Amounts payable to ") toward the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of all sub-administrators, sub-servicing agents, or other persons who provide support sub-administrative or sub-investor services in connection with to the distribution of Fund shares; Company. The Investor Servicing Fee may also be used to pay certain brokers, transfer agents, and other distribution-related expensesfinancial intermediaries for providing services to members. Shareholder Servicing Costs include The Administrator also reserves the right to refund any and all expenses of the Distributor incurred in connection with providing administrative or accounting services Investor Servicing Fee to shareholders of each such classcertain members, including, but not limited to, an allocation to retain any and all of the Distributor's overhead Investor Servicing Fee, or to transfer any and payments made to persons, including employees all of the Investor Servicing Fee to Funds Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of sharesInc., or who provide any other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer placement agent or other agent. In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were madeCompany.

Appears in 1 contract

Samples: Administrative and Investor Services Agreement (Montgomery Partners Absolute Return Fund LLC)

Compensation and Allocation of Expenses. (a) Pursuant The parties acknowledge that SEI Financial Management Corporation, which is under common ownership with the Distributor, provides administrative services to the Fund's retail class Plan of Distribution adopted by Fund and receives compensation therefor. Recognizing the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan"), the retail class of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time benefit that accrues to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses ultimate parent from such arrangement and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Planarrangements contemplated hereby, the Distributor shall not be entitled agrees to reimbursement by serve as distributor of the FundFund pursuant to this Agreement for no separate compensation or fee. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. In each year during which this Agreement remains in effect, The Fund and the Distributor will prepare acknowledge that they may enter into a separate Shareholder Service Plan and furnish Agreement pursuant to which the Board of Directors of the Fund, on a quarterly basis, written reports complying Distributor would be compensated in connection with the requirements provision of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were madecertain shareholder services.

Appears in 1 contract

Samples: Distribution Agreement (First American Insurance Portfolios Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Reserve Class Plan of Distribution (the "Plan") adopted by the Portfolios Fund in accordance with Rule 12b-1 under the 1940 Act (the "Plan")Act, the retail class Reserve shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25.50% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class Reserve Class Shares ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were made.

Appears in 1 contract

Samples: Distribution Agreement (First American Funds Inc)

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Compensation and Allocation of Expenses. (a) Pursuant For the services to the Fund's retail class Plan of Distribution adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan")be rendered, the retail class facilities to be furnished and the payments to be made by FDISG, as provided for in this Agreement, the Company, on behalf of each Portfolio Fund, will pay FDISG on the Distributor first business day of each month a total fee in connection with for the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, previous month at the annual rate of .25.055 of 1.00% of the value of the Fund's average daily net assets. Within fifteen (15) days after FDISG has received both the monthly fee set forth herein from the Company and the monthly xxxx from the Custodian, FDISG shall (pursuant to the Client Services Agreement, dated as of April 1, 1996, between FDISG and the Custodian (the "Client Services Agreement") and the Custody Agreement) pay to the Custodian, with respect to each Fund, a fee which shall serve as full payment for the Custodian's services to the Fund under the Custody Agreement and the Client Services Agreement for the preceding month at the annual rate of .01 of 1.00% of the value of the Fund's average daily net assets (plus out-of-pocket expenses). For the purposes of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as calculating the fees described in the Planherein, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board average daily net assets will be deemed to be the average daily value of Directorsthe Fund's total assets minus the sum of the Fund's liabilities (excluding the aggregate liquidation preference on the outstanding shares of the Fund's auction rate preferred stock and accumulated dividends, if any, thereon). Until further action Fees for the period from the date the Registration Statement is declared effective by the Board SEC to the end of Directors, all of such fee the month during which the Registration Statement is declared effective shall be designated and payable as a Shareholder Servicing Fee. Amounts payable prorated according to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event proportion that such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable period bears to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the Fundfull monthly period. (b) During the period of The Company shall compensate FDISG for its services rendered pursuant to this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs Agreement in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection accordance with the distribution fees set forth above. Such fees do not include out-of-pocket disbursements of the shares of each such class ("Distribution Expenses")FDISG for which FDISG shall be entitled to xxxx separately. Distribution Expenses Out-of-pocket disbursements shall include, but are shall not be limited to, the items specified in Schedule B annexed hereto and incorporated herein. Schedule B may be modified by FDISG upon not less than thirty days' prior written notice to the Company. (c) FDISG shall not be required to pay any of the following expenses incurred by the DistributorCompany: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred membership dues in the Investment Company Institute or any similar organization; transfer agency expenses; investment advisory expenses; costs of printing of and mailing stock certificates, prospectuses, statements of additional information reports and reports used for sales purposesnotices; expenses of preparation interest on borrowed money; brokerage commissions; taxes and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments fees payable to and expenses of persons who provide support services in connection with the distribution of Fund shares; Federal, state and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board governmental agencies; fees of Directors of the Company who are not affiliated with FDISG; outside auditing expenses; outside legal expenses; or other expenses not specified in this Section 4 which may be properly payable by the Company. (d) FDISG will xxxx the Company as soon as practicable after the end of each calendar month for out-of-pocket disbursements, and said xxxxxxxx will be detailed in accordance with this Section and Schedule B. The Company will pay to FDISG the amount of such billing within 30 days of such billing. (e) Upon any termination of this Agreement before the end of any month, the fee for such period shall be prorated according to the proportion which such period bears to the full month period. For purposes of determining fees payable to FDISG, the value of each Fund, on a quarterly basis, written reports complying with 's net assets shall be computed at the requirements of Rule 12b-1 under time and in the 1940 Act manner specified in the most recent Prospectuses. (f) The Company acknowledges that set forth the amounts expended fees that FDISG charges the Company under this Agreement reflect the allocation of risk between the parties, including the disclaimer of warranties in Section 7 and the Plan limitations on a class liability in Section 5. Modifying the allocation of risk from what is stated here would affect the fees that FDISG charges, and in consideration of those fees, the Company agrees to the stated allocation of risk. (g) FDISG will from time to time employ or associate itself with such person or persons as FDISG may believe to be particularly suited to assist it in performing services under this Agreement. Such person or persons may be officers and employees who are employed by class basis both FDISG and the purposes for which those expenditures were madeCompany. The compensation of such person or persons shall be paid by FDISG and no obligation shall be incurred on behalf of the Company in such respect.

Appears in 1 contract

Samples: Accounting Services Agreement (Sit Mutual Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Class S Plan of Distribution (the "Plan") adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan")Act, the retail class Class S Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the FundFunds. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed incurred by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class Shares ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those these expenditures were made.

Appears in 1 contract

Samples: Distribution Agreement (First American Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail class Class A Plan of Distribution (the "Retail Plan") adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan")Act, the retail class Class A Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .25% of the value of the average daily net assets of such class. Pursuant to the Fund's Class D Distribution Plan (the "Class D Plan" and together with the Retail Plan, the "Plans"), adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act, Class D Shares of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .15% of the value of the average daily net assets of such class. Pursuant to the Fund's Treasury Reserve Fund Plan of Distribution (the "Treasury Reserve Plan") adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act, Shares of the Treasury Reserve Fund will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such Fund and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .50% of the value of the average daily net assets of such Fund. All or any portion of such the total fee under the Plans may be payable as a Shareholder Servicing Fee as described in the PlanPlans, and all or any portion of such total fee may be payable as a Distribution Fee as described in the PlanPlans, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan Plans may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the PlanPlans, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail class Class A Shares and Class D Shares of each Portfolio and to the shareholders of Treasury Reserve Fund (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and end reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan Plans on a class by class basis and the purposes for which those expenditures were made.

Appears in 1 contract

Samples: Distribution Agreement (First American Funds Inc)

Compensation and Allocation of Expenses. (a) Pursuant to the Fund's retail shareholder service class Plan of Distribution adopted by the Portfolios in accordance with Rule 12b-1 under the 1940 Act (the "Plan"), the retail shareholder service class of each Portfolio will pay the Distributor a total fee in connection with the servicing of shareholder accounts of such class and in connection with distribution-related services provided in respect of such class, calculated and payable monthly, at the annual rate of .250.25% of the value of the average daily net assets of such class. All or any portion of such total fee may be payable as a Shareholder Servicing Fee as described in the Plan, and all or any portion of such total fee may be payable as a Distribution Fee as described in the Plan, as determined from time to time by the Fund's Board of Directors. Until further action by the Board of Directors, all of such fee shall be designated and payable as a Shareholder Servicing Fee. Amounts payable to the Distributor under the Plan may exceed or be less than the Distributor's actual Distribution Expenses and Shareholder Servicing Costs as described in (b) below. In the event such Distribution Expenses and Shareholder Servicing Costs exceed amounts payable to the Distributor under the Plan, the Distributor shall not be entitled to reimbursement by the Fund. (b) During the period of this Agreement, the Fund shall pay or cause to be paid all expenses, costs and fees incurred by the Fund which are not assumed by the Distributor. The Distributor agrees to provide, and shall pay costs which it incurs in connection with providing, administrative or accounting services to shareholders of the retail shareholder service class of each Portfolio (such costs are referred to as "Shareholder Servicing Costs"). The Distributor shall also pay all of its own costs incurred in connection with the distribution of the shares of each such class ("Distribution Expenses"). Distribution Expenses include, but are not limited to, the following expenses incurred by the Distributor: initial and ongoing sales compensation (in addition to sales loads) paid to investment executives of the Distributor and to other broker-dealers and participating financial institutions institutions, including insurance companies, which the Distributor has agreed to pay; expenses incurred in the printing of prospectuses, statements of additional information and reports used for sales purposes; expenses of preparation and distribution of sales literature; expenses of advertising of any type; an allocation of the Distributor's overhead; payments to and expenses of persons who provide support services in connection with the distribution of Fund shares; and other distribution-related expenses. Shareholder Servicing Costs include all expenses of the Distributor incurred in connection with providing administrative or accounting services to shareholders of each such class, including, but not limited to, an allocation of the Distributor's overhead and payments made to persons, including employees of the Distributor, who respond to inquiries of shareholders regarding their ownership of such classes of shares, or who provide other administrative or accounting services not otherwise required to be provided by the applicable Portfolio's investment adviser, transfer agent or other agent. . (c) In each year during which this Agreement remains in effect, the Distributor will prepare and furnish to the Board of Directors of the Fund, on a quarterly basis, written reports complying with the requirements of Rule 12b-1 under the 1940 Act that set forth the amounts expended under this Agreement and the Plan on a class by class basis and the purposes for which those expenditures were made.

Appears in 1 contract

Samples: Distribution Agreement (First American Insurance Portfolios Inc)

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