Common use of Expenses, Fees, etc Clause in Contracts

Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), all -------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent of the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that such expenses will in any event be paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund or any Kent Fund, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Form of Agreement (Fifth Third Funds)

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Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), all -------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent of the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that such expenses will in any event be paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund or any Kent Fund, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Form of Agreement and Plan of Reorganization (Kent Funds)

Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), ------------------- all -------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent Maxfund Trust of the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that -------- ------- such expenses will in any event be paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund Microcap Value or any Kent FundMaxus Aggressive Value, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Fifth Third Funds)

Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), ------------------- all -------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent of Maxus Equity the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that such -------- ------- expenses will in any event be paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund Multicap Value or any Kent FundMaxus Equity, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Fifth Third Funds)

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Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), all -------------------- ------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent Maxus Laureate of the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that such expenses will in any event be -------- ------- paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund Worldwide or any Kent FundMaxus Laureate, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Fifth Third Funds)

Expenses, Fees, etc. (a) Subject to subsections 5(b) through 5(e), ------------------- all -------------------- fees and expenses, including accounting expenses, portfolio transfer taxes (if any) or other similar expenses incurred directly in connection with the consummation by Fifth Third and Kent Maxus Income of the transactions contemplated by this Agreement will be borne by Fifth Third Bank, including the costs of proxy materials, proxy solicitation, filing fees and accounting and legal expenses; provided, however, that such -------- ------- expenses will in any event be paid by the party -------- ------- directly incurring such expenses if and to the extent that the payment by the other party of such expenses would result in the disqualification of any Fifth Third Fund Strategic Income or any Kent FundMaxus Income, as the case may be, as a "regulated investment company" within the meaning of Section 851 of the Code. Fees and expenses not incurred directly in connection with the consummation of the Transaction will be borne by the party incurring such fees and expenses.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Fifth Third Funds)

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