COMPENSATION AND OTHER Sample Clauses

COMPENSATION AND OTHER. 1. In consideration of the agreements on the part of the Distributor herein contained, the Distributor shall receive payment in the amount of $10,000 or 1 basis point, whichever is greater, per annum billed monthly, plus reimbursement of all reasonable out-of-pocket expenses incurred at the request of the Fund in fulfillment of its responsibilities in this Agreement. 2. This Agreement shall continue in effect until such time as there remain no unsold balance of shares of capital stock effectively registered under the 33 Act; provided, however, that (a) this Agreement shall continue in effect for a period more than two years from the date hereof only so long as such continuance is specifically approved at least annually by the Board of Directors or a majority of the outstanding voting securities of the Fund, and (b) either party hereto may terminate this Agreement on any date by giving the other party at least ninety (90) days prior written notice of such termination specifying the date fixed therefor. 2.1 This Agreement shall automatically terminate in the event of its assignment by the Distributor, the term "assignment" having the meaning defined in Section 2(a)(4) of the 40 Act. 3. The parties understand and agree that the Fund is a Massachusetts business trust and, as such, the obligations of the Fund under this agreement shall not be binding upon any of the Trustees, or shareholders of the Fund, but only on the assets and property of the Fund, as provided in the Declaration of Trust. 4. Any notice under this Agreement shall be in writing addressed and delivered by mail, postage prepaid, to the party to whom addressed at the address given below, or at such other address as such party shall theretofore have designated (by notice given to the other party as herein provided) in writing for the receipt of such notice: To the Fund: To the Administrator: Xx. Xxxx Xxxx Xxxxxxx Xxxxx Chief Operating Officer President Ironwood Capital Management LLC ADS Distributors, Inc. 0 Xxxxxxxxxxxxx Xxxxx, Xxxxx0000 c/o American Data Services, Inc. Xxxxxx, XX 00000 000 Xxxxx Xxxxxxx Xxxxxxxxx, XX 00000
Sample 1
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COMPENSATION AND OTHER. 1. In Consideration of the agreements on the part of the Underwriter herein contained, the Underwriter shall receive payment in the amount of $10,000 for the first portfolio, plus $5,000 for each additional portfolio or, 1 basis point of the combined average net assets of the fund/trust, whichever is greater, per annum billed monthly, plus reimbursement of all reasonable out-of-pocket expenses incurred at the request of the Fund in fulfillment of its responsibilities in this Agreement. 2. This Agreement shall continue in effect until such time as there remain no unsold balance of shares of capital stock effectively registered under the 33 Act; provided, however, that (a) this Agreement shall continue in effect for a period more than two years from the date hereof only so long as such continuance is specifically approved at least annually by the Board of Directors or a majority of the outstanding voting securities of the Fund, and (b) either party hereto may terminate this Agreement on any date by giving the other party at least ninety (90) days prior written notice of such termination specifying the date fixed therefor. 2.1 This Agreement shall automatically terminate in the event of its assignment by the Underwriter, the term "assignment" having the meaning defined in Section 2(a)(4) of the 40 Act. 3. Any notice under this Agreement shall be in writing addressed and delivered by mail, postage prepaid, to the party to whom addressed at the address given below, or at such other address as such party shall theretofore have designated (by notice given to the other party as herein provided) in writing for the receipt of such notice: To the Adviser: To the Underwriter: Xx. Xxxxxxx Xxxxx Treasurer ADS Distributors, Inc. c/o American Data Services, Inc. 000 Xxxxx Xxxxxxx Xxxxxxxxx, Xxx Xxxx 00000
Sample 1
COMPENSATION AND OTHER. Payments to the Primary Servicer 15 Section 2.4..................... Primary Servicer Representations and Warranties 16
Sample 1
COMPENSATION AND OTHER. 1. In consideration of the agreements on the part of the Underwriter herein contained, the Underwriter shall receive payment in the amount of $10,000 for the first portfolio, plus $5,000 for each additional portfolio or 1 basis point of the combined average net assets of the fund/trust, 2. This Agreement shall continue in effect until such time as there remains no unsold balance of Shares effectively registered under the 1933 Act; provided, however, that (a) this Agreement shall continue in effect for a period more than two years from the date hereof only so long as such continuance is specifically approved at least annually by the Board of Trustees, including by a majority of the "disinterested Trustees" or a majority of the outstanding voting securities of the Fund, and (b) either party hereto may terminate this Agreement on any date by giving the other party at least ninety (90) days prior written notice of such termination specifying the date fixed therefor. 2.1 This Agreement shall automatically terminate in the event of its assignment, the term "assignment" having the meaning defined in Section 2(a)(4) of the 1940 Act.
Sample 1
COMPENSATION AND OTHER. 1. In consideration of the agreements on the part of the Underwriter herein contained, the Underwriter shall receive payment in the amount of $22,750 per annum billed monthly, plus reimbursement of all reasonable out-of-pocket expenses incurred at the request of the Funds in fulfillment of its responsibilities in this Agreement. 2. This Agreement shall continue in effect until such time as there remains no unsold balance of Shares effectively registered under the 1933 Act; provided, however, that (a) this Agreement shall continue in effect for a period more than one year from the date hereof only so long as such continuance is specifically approved at least annually by the Board including by a majority of the "disinterested Trustees" or a majority of the outstanding voting securities of the Funds, and (b) either party hereto may terminate this Agreement on any date by giving the other party at least ninety (90) days prior written notice of such termination specifying the date fixed therefor. 2.1 This Agreement shall automatically terminate in the event of its assignment by the Underwriter, the term "assignment" having the meaning defined in Section 2(a)(4) of the 1940 Act. 3. Any notice under this Agreement shall be in writing addressed and delivered by mail, postage prepaid, to the party to whom addressed at the address given below, or at such other address as such party shall theretofore have designated (by notice given to the other party as herein provided) in writing for the receipt of such notice:
Sample 1
COMPENSATION AND OTHER. 0. Xx Consideration of the agreements on the part of the Underwriter herein contained, the Underwriter shall receive payment in the amount of $22,750 per annum billed monthly, plus reimbursement of all reasonable out-of-pocket expenses incurred at the request of the Fund in fulfillment of its responsibilities in this Agreement. 2. This Agreement shall continue in effect until such time as there remain no unsold balance of Shares effectively registered under the 33 Act; provided, however, that (a) this Agreement shall continue in effect for a period of more than two years from the date hereof only so long as such continuance is specifically approved at least annually by the Board including by a majority of the "disinterested Directors" or a majority of the outstanding voting securities of the Fund, and (b) either party hereto may terminate this Agreement on any date by giving the other party at least ninety (90) days prior written notice of such termination specifying the date
Sample 1

Related to COMPENSATION AND OTHER

  • COMPENSATION AND OTHER FEES As compensation for the services provided by Xxxxxx xxxxxxxxx, the Company agrees to pay to Xxxxxx: (A) The fees set forth below with respect to the Placement: 1. A cash fee payable immediately upon the closing of the Placement and equal to 6% of the aggregate gross proceeds raised in the Placement. Additionally, a cash fee payable within 48 hours of (but only in the event of) the receipt by the Company within 12 months of the Closing Date of any proceeds from the exercise of the Warrants sold in the Placement that are solicited by the Placement Agent and otherwise in compliance with Financial Industry Regulatory Authority (“FINRA”) Rule 5110 equal to 5% of the aggregate cash exercise price received by the Company upon such exercise, if any (the “Warrant Solicitation Fee”), provided, however, the Warrant Solicitation Fee shall be reduced (before any reduction to the Xxxxxx Warrants described in the last sentence of Section A.2 below or any reduction to the expense reimbursement to Xxxxxx in Section B below) to the extent (and only to the extent) that Xxxxxx’x aggregate compensation for the Placement, as determined under FINRA Rule 5110, would otherwise exceed 8%. Such determination of the actual Warrant Solicitation Fee shall be made promptly following completion of the Placement and communicated in writing to the Company. 2. Such number of warrants (the “Xxxxxx Warrants”) to be issued to Xxxxxx or its designees at the Closing to purchase shares of Common Stock equal to 5% of the aggregate number of Shares sold in the Placement. The Xxxxxx Warrants shall have the same terms as the Warrants (if any) issued to the Purchasers in the Placement except that the exercise price shall be at least 125% of the public offering price per share, but in any event not less than the Warrant exercise price, and the expiration date shall be November 27, 2012. The Xxxxxx Warrants shall not have antidilution protections or be transferable for six months from the date of the Offering except as permitted by FINRA Rule 5110, and further, the number of Shares underlying the Xxxxxx Warrants shall be reduced if necessary to comply with FINRA rules or regulations. Such determination of the actual number of Shares underlying the Xxxxxx Warrants shall be made promptly following completion of the Placement and communicated in writing to the Company. (B) The Company also agrees to reimburse Xxxxxx’x expenses (with supporting invoices/receipts) up to a maximum of 0.8% of the aggregate gross proceeds raised in the placement, but in no event more than $30,000 and only in the event the Placement has been consummated. If payable, such reimbursement shall be paid immediately upon the closing of the Placement.

  • Compensation and Other Benefits Subject to the provisions of this Agreement, the Company shall pay and provide the following compensation and other benefits to the Executive during the Term as compensation for services rendered hereunder:

  • Salary and Other Compensation As compensation for the services to be rendered by the Employee to the Company pursuant to this Agreement, the Employee shall be paid the following compensation and other benefits:

  • Servicing and Other Compensation The Servicer, as compensation for its activities hereunder, shall be entitled to receive, on or prior to each Distribution Date, the amounts provided for as the Servicing Fee and as reimbursement for Nonrecoverable Advances, Servicing Advances and reimbursement for Advances, all as specified by Section 5.09. The amount of compensation or reimbursement provided for shall be accounted for on a Mortgage Loan-by-Mortgage Loan basis. Additional servicing compensation in the form of assumption fees, prepayment fees and late payment charges shall be retained by the Servicer, to the extent permitted by applicable law. The Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder (including the fees and expenses of the Trustee and any Sub-Servicer) and shall not be entitled to reimbursement therefor except as specifically provided in Sections 5.09 and 5.21.

  • Vacation and Other Benefits Each Contract Year, Executive shall be entitled to four (4) weeks of paid vacation in accordance with Employer’s applicable policies and procedures for executive-level employees. Executive shall also be eligible to participate in and receive the fringe benefits generally made available to other executive-level employees of Employer in accordance with and to the extent that Executive is eligible under the general provisions of Employer’s fringe benefit plans or programs; provided, however, that Executive understands that these benefits may be increased, changed, eliminated or added from time to time during the Term as determined in Employer’s sole and absolute discretion.

  • Vacation and Other Leave During the Period of Employment, the Executive shall accrue and be entitled to take paid vacation in accordance with the Company’s vacation policies in effect from time to time, including the Company’s policies regarding vacation accruals; provided that the Executive’s rate of vacation accrual during the Period of Employment shall be no less than three (3) weeks per year. The Executive shall also be entitled to all other holiday and leave pay generally available to other executives of the Company.

  • Administrative and Other Fees The Borrower agrees to pay the administrative and other fees of the Administrative Agent as provided in the Fee Letter and as may be otherwise agreed to in writing from time to time by the Borrower and the Administrative Agent.

  • Stamp and other duties The Borrowers shall pay all stamp, documentary, registration or other like duties or taxes (including any duties or taxes payable by any of the Creditors) imposed on or in connection with any of the Underlying Documents, the Security Documents or the Loan and shall indemnify the Creditors or any of them against any liability arising by reason of any delay or omission by the Borrowers to pay such duties or taxes.

  • Executive and Other Committees The Trustees by vote of a majority of all the Trustees may elect from their own number an Executive Committee to consist of not less than two members to hold office at the pleasure of the Trustees, which shall have the power to conduct the current and ordinary business of the Trust while the Trustees are not in session, including the purchase and sale of securities and the designation of securities to be delivered upon redemption of Shares of the Trust or a Series thereof, and such other powers of the Trustees as the Trustees may delegate to them, from time to time, except those powers which by law, the Declaration of Trust or these By-Laws they are prohibited from delegating. The Trustees may also elect from their own number other Committees from time to time; the number composing such Committees, the powers conferred upon the same (subject to the same limitations as with respect to the Executive Committee) and the term of membership on such Committees to be determined by the Trustees. The Trustees may designate a Chairman of any such Committee. In the absence of such designation the Committee may elect its own Chairman.

  • Termination and Other Remedies a. If Registered User breaches the provisions in this Agreement or otherwise uses data or information improperly as deemed by Clerk, the Clerk has the right to terminate this Agreement immediately and pursue any other remedy available at law or in equity. b. This Agreement will be terminated immediately if funding is withdrawn for any reason. Registered User acknowledges that the Clerk has no control over appropriations that may be provided by any governmental entity for the continuation of the services under this Agreement.

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