Expense Limitations. In the event the operating expenses of the Fund, including the investment advisory fee applicable to the Fund payable to the Adviser pursuant to subsection (a) hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceeds the expense limitations under state securities laws or published regulations thereunder, as such limitations may be raised or lowered from time to time, the Adviser shall reduce its investment advisory fee by the extent of such excess and, if required under any such laws or regulations, will reimburse the Fund in the amount of such excess; provided, however, to the extent permitted under law, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Company and allocated to the Fund. Whenever the expenses of the Fund exceeds a pro rata portion of the applicable annual expense limitations, the estimated amounts of reimbursement under such limitations shall be applicable as an offset against the monthly payment of the advisory fee due to the Adviser.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc), Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc), Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc)
Expense Limitations. In the event the operating expenses of the Fund, including the investment advisory fee applicable to the Fund payable to the Adviser pursuant to subsection (a) hereofabove, for any fiscal year ending on a date on which this Agreement is in effect, exceeds the expense limitations under state securities laws or published regulations thereunder, as such limitations may be raised or lowered from time to time, the Adviser shall reduce its investment advisory fee by the extent of such excess and, if required under any such laws or regulations, will reimburse the Fund in the amount of such excess; provided, however, to the extent permitted under law, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions and extraordinary expenses (including including, but not limited to to, legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Company and allocated to the Fund. Whenever the expenses of the Fund exceeds exceed a pro rata portion of the applicable annual expense limitations, the estimated amounts of reimbursement under such limitations shall be applicable as an offset against the monthly payment of the advisory fee due to the Adviser.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc), Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc)
Expense Limitations. In the event the operating expenses of the Fund, including the investment advisory fee applicable to the Fund amounts payable to the Investment Adviser pursuant to subsection (a) hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceeds effect exceed the expense limitations under applicable to the Fund imposed by applicable state securities laws or published regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Adviser shall reduce its investment advisory fee by the extent of such excess and, if required under pursuant to any such laws or regulations, will reimburse the Fund in the amount of such excess; provided, however, to the extent permitted under by law, there shall be excluded from such expenses the amount of any interest, taxes, distribution fees, brokerage fees and commissions and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Company and allocated to the Fund. Whenever the expenses of the Fund exceeds exceed a pro rata portion of the applicable annual expense limitations, the estimated amounts amount of reimbursement under such limitations shall be applicable as an offset against the monthly payment of the advisory fee due to the Investment Adviser.. Should two or more such expense limitations be applicable as at the end of the last business day of the
Appears in 1 contract
Samples: Investment Advisory Agreement (Merrill Lynch Municipal Strategy Fund Inc)
Expense Limitations. In the event the operating expenses of the Fund, including the investment advisory fee applicable to the Fund payable to the Adviser pursuant to subsection (a) hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceeds the expense limitations under state securities laws or published regulations thereunder, as such limitations may be raised or lowered from time to time, the Adviser shall reduce its investment advisory fee by the extent of such excess and, if required under any such laws or regulations, will reimburse the Fund in the amount of such excess; provided, however, to the extent permitted under law, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Company and allocated to the Fund. Whenever the expenses of the Fund exceeds exceed a pro rata portion of the applicable annual expense limitations, the estimated amounts of reimbursement under such limitations shall be applicable as an offset against the monthly payment of the advisory fee due to the Adviser.
Appears in 1 contract
Samples: Investment Advisory Agreement (Merrill Lynch Variable Series Funds Inc)
Expense Limitations. In the event the operating operat- ------------------- ing expenses of the Fund, including the investment advisory fee applicable to the Fund payable to the Adviser pursuant to subsection (a) hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceeds effect exceed the expense limitations under applicable to the Fund imposed by state securities laws or published regulations thereunder, as such limitations may be raised or lowered from time to time, the Adviser shall reduce its investment advisory fee by the extent of such excess and, if required under pursuant to any such laws or regulations, will reimburse the Fund in the amount of such excess; provided, however, to the extent permitted under by law, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions com- missions and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Company and allocated to the Fund. Whenever the expenses of the Fund exceeds exceed a pro rata portion of the applicable annual expense limitations, the estimated amounts of reimbursement under such limitations shall be applicable as an offset against the monthly payment of the advisory fee due to the Adviser.,
Appears in 1 contract
Samples: Investment Advisory Agreement (Merrill Lynch Basic Value Fund Inc)