Common use of Extra Remuneration Clause in Contracts

Extra Remuneration. If an Event of Default or Potential Event of Default shall have occurred, the Issuer and the Guarantor hereby agree that the Trustee shall be entitled to be paid additional remuneration calculated at its normal hourly rates in force from time to time. In any other case, or if the Trustee finds it expedient or necessary or is requested by the Issuer or the Guarantor to undertake duties which they both agree to be of an exceptional nature or otherwise outside the scope of the Trustee’s normal duties under this Trust Deed, the Issuer (failing which the Guarantor) will pay such additional remuneration as they may agree (and which may be calculated by reference to the Trustee’s normal hourly rates in force from time to time) or, failing agreement as to any of the matters in this Clause 11.2, as determined by a financial institution of international repute or person (acting as an expert) selected by the Trustee and approved by the Issuer and the Guarantor or, failing such approval, nominated by the President for the time being of The Law Society of England and Wales. The expenses involved in such nomination and such financial institution or person’s fee will be borne by the Issuer (failing which the Guarantor). The determination of such financial institution or person will be conclusive and binding on the Issuer, the Guarantor, the Trustee and the Bondholders.

Appears in 1 contract

Samples: Trust Deed (Simon Property Group L P /De/)

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Extra Remuneration. If an Event of Default or Potential Event of Default shall have occurred, the Issuer and the Guarantor hereby agree that the Trustee shall be entitled to be paid additional remuneration calculated at its normal hourly rates in force from time to time. In any other case, or if the Trustee finds it expedient or necessary or is requested by the Issuer or the Guarantor to undertake duties which they both agree to be of an exceptional nature or otherwise outside the scope of the Trustee’s normal duties under this Trust Deed, the Issuer (failing which whom, the Guarantor) will pay such additional remuneration as they may agree (and which may be calculated by reference to the Trustee’s normal hourly rates in force from time to time) or, failing agreement as to any of the matters in this Clause 11.210.2 (or as to such sums referred to in Clause 10.1), as determined by a financial institution of international repute or person (acting as an expert) selected by the Trustee and approved by the Issuer and or the Guarantor or, failing such approval, nominated by the President for the time being of The Law Society of England and Wales. The expenses involved in such nomination and such financial institution or personinstitution’s fee will be borne by the Issuer (failing which whom the Guarantor). The determination of such financial institution or person will be conclusive and binding on the Issuer, the Guarantor, the Trustee and the BondholdersNoteholders.

Appears in 1 contract

Samples: Trust Deed

Extra Remuneration. If an Event of Default or Potential Event of Default shall have occurred, the Issuer and the Guarantor hereby agree that the Trustee shall be entitled to be paid additional remuneration calculated at its normal hourly rates in force from time to time. In any other case, or if the Trustee finds it expedient or necessary or is requested by the Issuer or the Guarantor to undertake duties which they both agree to be of an exceptional nature or otherwise outside the scope of the Trustee’s 's normal duties under this Trust Deed, the Issuer (Issuer, failing which the Guarantor) , will pay such additional remuneration as they may agree (and which may be calculated by reference to the Trustee’s 's normal hourly rates in force from time to time) or, failing agreement as to any of the matters in this Clause 11.28.2 (or as to such sums referred to in Clause 8.1), as determined by a financial institution of international repute or person (acting as an expert) selected by the Trustee and approved by the Issuer and the Guarantor or, failing such approval, nominated by the President for the time being of The Law Society of England and Wales. The expenses involved in such nomination and such financial institution or person’s institution's fee will be borne by the Issuer (failing which the Guarantor)Issuer. The determination of such financial institution or person will be conclusive and binding on the Issuer, the Guarantor, the Trustee and the BondholdersNoteholders.

Appears in 1 contract

Samples: Trust Deed

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Extra Remuneration. If an Event of Default or Potential Event of Default shall have occurred, the Issuer and the Guarantor hereby agree that the Trustee shall be entitled to be paid additional remuneration calculated at its normal hourly rates in force from time to time. In any other case, or if the Trustee finds it expedient or necessary or is requested by the Issuer or the Guarantor to undertake duties which they both agree to be of an exceptional nature or otherwise outside the scope of the Trustee’s normal duties under this Trust Deed, the Issuer (Issuer, failing which whom the Guarantor) , will pay such additional remuneration as they may agree (and which may be calculated by reference to the Trustee’s normal hourly rates in force from time to time) or, failing agreement as to any of the matters in this Clause 11.28.2 (or as to such sums referred to in Clause 8.1), as determined by a financial institution of international repute or person (acting as an expert) selected by the Trustee and approved by the Issuer and the Guarantor or, failing such approval, nominated by the President for the time being of The Law Society of England and Wales. The expenses involved in such nomination and such financial institution or personinstitution’s fee will be borne by the Issuer (Issuer, failing which whom the Guarantor). The determination of such financial institution or person will be conclusive and binding on the Issuer, the Guarantor, the Trustee and the Bondholders.

Appears in 1 contract

Samples: Trust Deed

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