Common use of COMPENSATION OF THE EVALUATOR Clause in Contracts

COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus for each respective Trust Fund under the caption "Evaluator's Annual Fee per Unit" in the "Summary of Essential Financial Information." The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee or the Depositor, by amounts not exceeding the proportionate increase, during the period from the date of such Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest and Principal Accounts on or before the Distribution Date. If the cash balances in the Interest and Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 2 contracts

Samples: Voyageur Unit Investment Trust Series 10, Voyageur Tax Exempt Trust Series 10

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COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive at the times specified in Section 3.04 against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus but, if the Depositor is acting as Evaluator, in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for each respective Trust Fund under services as Evaluator, in any calendar year exceed the caption "Evaluator's Annual Fee per Unit" in aggregate cost to the "Summary Depositor of Essential Financial Information." providing such services. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee Unitholder or the DepositorTrustee, by amounts not exceeding the proportionate increase, during the period from the date of such the Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification classification, shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest Income and Principal Capital Accounts on or before the Distribution Date. If the cash balances in the Interest Income and Principal Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds Securities designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 4

COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus Prospectus, but in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for each respective Trust Fund under providing such evaluation services in any calendar year, exceed the caption "Evaluator's Annual Fee per Unit" in aggregate cost to the "Summary of Essential Financial Information." Depositor for providing such services. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee Unitholder or the DepositorTrustee, by amounts not exceeding the proportionate increase, during the period from the date of such Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification classification, shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest Income and Principal Capital Accounts on or before the Distribution Date. If the cash balances in the Interest Income and Principal Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds Securities designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 1 contract

Samples: Voyageur Unit Investment Trust Series 4

COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive at the times specified in Section 3.04 against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus Prospectus, calculated as specified in Section 3.04, but, if the Depositor is acting as Evaluator, in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for each respective Trust Fund under services as Evaluator, in any calendar year exceed the caption "Evaluator's Annual Fee per Unit" in aggregate cost to the "Summary Depositor of Essential Financial Information." providing such services. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee Unitholder or the DepositorTrustee, by amounts not exceeding the proportionate increase, during the period from the date of such the Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification classification, shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest Income and Principal Capital Accounts on or before the Distribution Date. If the cash balances in the Interest and Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.specified in

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 104

COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive at the times specified in Section 3.04 against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus Prospectus, calculated as specified in Section 3.04, but, if the Depositor is acting as Evaluator, in no event shall such compensation, when combined with all compensation received from other series of the Fund or other unit investment trusts sponsored by the Depositor or its affiliates for each respective Trust Fund under services as Evaluator, in any calendar year exceed the caption "Evaluator's Annual Fee per Unit" in aggregate cost to the "Summary Depositor of Essential Financial Information." providing such services. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee Unitholder or the DepositorTrustee, by amounts not exceeding the proportionate increase, during the period from the date of such the Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification classification, shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest Income and Principal Capital Accounts on or before the Distribution Date. If the cash balances in the Interest Income and Principal Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds Securities designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 1 contract

Samples: Nuveen Unit Trusts Series 103

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COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in the Prospectus for each respective Trust Fund under the caption "Evaluator's Annual Fee per Unit" in the "Summary of Essential Financial Information." Prospectus. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee Unitholder or the DepositorTrustee, by amounts not exceeding the proportionate increase, during the period from the date of such Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification classification, shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest Income and Principal Capital Accounts on or before the Distribution Date. If the cash balances in the Interest Income and Principal Capital Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds Securities designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds Securities have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 1 contract

Samples: Voyageur Unit Investment Trust Series 9

COMPENSATION OF THE EVALUATOR. As compensation for its services hereunder, the Evaluator shall receive against a statement therefor submitted to the Trustee on or before each Distribution Date the amount specified as compensation for the Evaluator in Part II of the Prospectus for each respective Trust Fund under the caption "Evaluator's Annual Fee per Unit" in the "Summary of Essential Financial Information." Agreement. The rate of such compensation may be increased by the Evaluator from time to time, without the consent or approval of any Unitholder, the Trustee or the Depositor, by amounts not exceeding the proportionate increase, during the period from the date of such Trust Agreement to the date of any such increase, in consumer prices as last published prior to each such date under the classification "All Services Less Rent of Shelter" in the Consumer Price Index For All Urban Consumers (CPI-U) U.S. City Average, not seasonally adjusted, base 1982 - 84 = 100, published by the United States Department of Labor. In the event that such classification ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such classification, then the classification shall be adjusted in a fair and reasonable manner to the figure that would have resulted had no substantial change occurred in the manner of computing such classification. In the event that such classification (or a successor or substitute index) is not available, such governmental or other service or publication as shall evaluate the information in substantially the same manner as the aforesaid classification shall be used in lieu thereof. Such compensation shall be charged by the Trustee, upon receipt of invoice therefor from the Evaluator, against the Interest and Principal Accounts on or before the Distribution Date. If the cash balances in the Interest and Principal Accounts shall be insufficient to provide for amounts payable pursuant to this Section 4.03, the Trustee shall have the power to sell (i) Bonds designated to be sold pursuant to Section 5.02 hereof or (ii) if no such Bonds have been so designated, such Securities as the Trustee may see fit to sell in its own discretion, and to apply the proceeds of any such sale in payment of the amounts payable pursuant to this Section 4.03. Any moneys payable to the Evaluator pursuant to this Section 4.03 shall be secured by a prior lien on the Trust Fund except that such lien shall be junior and subordinate to any lien in favor of the Trustee under the provisions of Section 8.08.

Appears in 1 contract

Samples: Voyageur Tax Exempt Trust Series 5

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