Common use of Compensation; Reimbursement of Expenses Clause in Contracts

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 20 contracts

Samples: Guarantee Agreement (Hanmi Financial Corp), Guarantee Agreement (Great Western Bancorp, Inc.), Guarantee Agreement (Great Western Bancorp, Inc.)

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Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between the Guarantor, Xxxxx Bros. & Company, Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 10 contracts

Samples: Guarantee Agreement (Chino Commercial Bancorp), Guarantee Agreement (Cathay General Bancorp), Guarantee Agreement (Seacoast Banking Corp of Florida)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 6 contracts

Samples: Guarantee Agreement (Valley Financial Corp /Va/), Guarantee Agreement (FNB Corp/Nc), Guarantee Agreement (Patapsco Bancorp Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Cxxxx Bros. & Company, Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 3 contracts

Samples: Guarantee Agreement (CVB Financial Corp), Guarantee Agreement (Seacoast Banking Corp of Florida), Guarantee Agreement (CNB Financial Corp.)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx the Guarantor, Cxxxx Bros. & Company, Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 2 contracts

Samples: Guarantee Agreement (Wintrust Financial Corp), Guarantee Agreement (Peoples Bancorp of North Carolina Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the The Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as to the parties shall agree to from time to time extent agreed upon in the Fee Agreement between the Guarantor and Guarantee Trustee dated March 25, 2004 (the "Fee Agreement") (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence the negligence, willful misconduct or willful misconductbad faith of the Guarantee Trustee. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 2 contracts

Samples: Guarantee Agreement (Southern Michigan Bancorp Inc), Guarantee Agreement (Southern Michigan Bancorp Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the The Guarantor ----------------------------------------- agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 2 contracts

Samples: Guarantee Agreement (Nicolet Bankshares Inc), Guarantee Agreement (Nicolet Bankshares Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Cxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 2 contracts

Samples: Guarantee Agreement (Vineyard National Bancorp), Guarantee Agreement (Central Bancorp Inc /Ma/)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Cohen Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined ax xxxined in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Princeton National Bancorp Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Cohen Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined xx xxfined in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Southeastern Bank Financial CORP)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between the Guarantor, Xxxxx Bros. & Company, Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); andand AU\4203595.1 (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Venture Financial Group Inc)

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Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between the Guarantor, Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Home Federal Bancorp)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Companyamong the Guarantor, Wxxxx Fargo Delaware Trust Company and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Jacksonville Bancorp Inc /Fl/)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the Guarantor agrees:; (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Paragon Commercial CORP)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantor and the Guarantee Trustee and Delaware Trustee (as defined in the Declaration)Trustee, the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (National Penn Bancshares Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined in the Declaration), the The Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) (and on the date hereof, as provided in the fee agreement between the Guarantee Trustee and the Guarantor, dated on or about the date hereof (the "Fee Agreement"); and (b) except as otherwise expressly provided hereinherein or in the Fee Agreement, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Bank of the Ozarks Inc)

Compensation; Reimbursement of Expenses. Other than as provided in the Fee Agreement of even date herewith between Xxxxx Cohen Bros. & Company, the Guarantee Trustee and Delaware Trustee (as defined xxxxned in the Declaration), the Guarantor agrees: (a) to pay to the Guarantee Trustee from time to time such compensation for all services rendered by it hereunder as the parties shall agree to from time to time (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); and (b) except as otherwise expressly provided herein, to reimburse the Guarantee Trustee upon request for all reasonable expenses, disbursements and advances incurred or made by it in accordance with any provision of this Guarantee (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct. The provisions of this Section 7.3 shall survive the resignation or removal of the Guarantee Trustee and the termination of this Guarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Corus Bankshares Inc)

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