Common use of Fees, Charges and Expenses of the Trustee Clause in Contracts

Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or reimbursement for reasonable fees for its ordinary services rendered under this Indenture and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if it becomes necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned by the negligence or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond Registrar. Pursuant to Section 4.4 of the Lease Agreement, the Lessee has agreed to pay to the Trustee all fees, charges and expenses of the Trustee under this Indenture. The Trustee agrees that the Issuer shall have no liability for any fees, charges and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of Credit, and the Trustee agrees to look only to the Lessee for the payment of all fees, charges and expenses of the Trustee, the Paying Agent and the Bond Registrar as provided in the Lease Agreement; provided, however, upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Credit, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, redemption premium, if any, or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision hereof for the foregoing advances, fees, costs and expenses incurred.

Appears in 1 contract

Samples: Trust Indenture (Labone Inc)

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Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or reimbursement for reasonable fees for its ordinary services rendered under this Indenture hereunder and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if services. If it becomes necessary that for the Trustee to perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned caused by the negligence or willful misconduct of the Trustee Trustee, it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond RegistrarBonds. Pursuant to the provisions of Section 4.4 5.2 of the Lease AgreementLease, the Lessee Developer has agreed to pay to the Trustee all reasonable fees, charges and expenses of the Trustee under this Indenture. The Trustee agrees that the Issuer City shall have no liability for any reasonable fees, charges and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of CreditTrustee, and the Trustee agrees to look only to the Lessee Developer for the payment of all reasonable fees, charges and expenses of the Trustee, the Trustee and any Paying Agent and the Bond Registrar as provided in the Lease Agreement; provided, however, upon Lease. Upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Creditcontinuance, the Trustee shall have a first lien with right of payment prior to before payment on account of principal of, redemption premium, if any, of or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision provisions hereof for the foregoing reasonable advances, fees, costs and expenses incurred. The Trustee’s right to compensation and indemnification shall survive the satisfaction and discharge of this Indenture or its resignation or removal hereunder and payment in full of the Bonds.

Appears in 1 contract

Samples: Lease Agreement

Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or or reimbursement for reasonable fees for its ordinary services rendered under this Indenture hereunder and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if in the event that it becomes should become necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided provided, however, that if such extraordinary services or extraordinary expenses are occasioned by the negligence neglect or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond Registrar. Pursuant to Section 4.4 of the Lease Agreement, the Lessee has agreed to pay to the Trustee all fees, charges and expenses of the Trustee under this IndentureBonds. The Trustee agrees that the Issuer shall have no liability for any fees, charges and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of CreditTrustee, and the Trustee agrees to look only to the Lessee Tenant for the payment of all fees, charges and expenses of the Trustee, the Paying Agent and the Bond Registrar Trustee as provided in the Lease Agreement; provided, however, upon Lease. Upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Creditcontinuance, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, redemption premium, if any, or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision provisions hereof for the foregoing advances, fees, costs and expenses incurredincurred and for Default Administration Costs.

Appears in 1 contract

Samples: Capital Lease Funding Inc

Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or reimbursement for reasonable fees for its ordinary services rendered under this Indenture hereunder and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if in the event that it becomes should become necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned by the negligence neglect or willful misconduct of the Trustee Trustee, it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond RegistrarBonds. Pursuant to Section 4.4 the provisions of SECTION 5.2 of the Lease AgreementLease, the Lessee Corporation has agreed to pay to the Trustee all reasonable fees, charges and expenses of the Trustee under this Indenture. The Trustee agrees that the Issuer City shall have no liability for any reasonable fees, charges and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of CreditTrustee, and the Trustee agrees to look only to the Lessee Corporation for the payment of all reasonable fees, charges and expenses of the Trustee, the Trustee and any Paying Agent and the Bond Registrar as provided in the Lease Agreement; provided, however, upon Lease. Upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Creditcontinuance, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, redemption premium, if any, of or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision provisions hereof for the foregoing reasonable advances, fees, costs and expenses incurred.

Appears in 1 contract

Samples: Trust Indenture (Pacific Sunwear of California Inc)

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Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or or reimbursement for reasonable fees for its ordinary services rendered under this Indenture hereunder and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if in the event that it becomes should become necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned by the negligence neglect or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond Registrar. Pursuant to Section 4.4 of the Lease Agreement, the Lessee has agreed to pay to the Trustee all fees, charges and expenses of the Trustee under this IndentureBonds. The Trustee agrees that the Issuer shall have no liability for any fees, charges and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of CreditTrustee, and the Trustee agrees to look only to the Lessee Corporation for the payment of all fees, charges and expenses of the Trustee, the Trustee and any Paying Agent and the Bond Registrar Agents as provided in the Lease Agreement; provided, however, upon Lease. Upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Creditcontinuance, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, redemption premium, if any, or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision provisions hereof for the foregoing advances, fees, costs and expenses incurredincurred and for Default Administration Costs.

Appears in 1 contract

Samples: Elecsys Corp

Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of and/or reimbursement for reasonable fees for its ordinary services rendered under this Indenture hereunder and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, if in the event that it becomes should become necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned by the negligence neglect or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. The Trustee shall be entitled to payment and reimbursement for the reasonable fees and charges of the Trustee as Paying Agent for the Bonds and as Bond Registrar. Pursuant to the provisions of Section 4.4 3.6 of the Lease Agreement, the Lessee Borrower has agreed to pay to the Trustee all reasonable fees, charges and expenses of the Trustee under this Indenture. The Trustee agrees that the Issuer shall have no liability for any fees, charges charges, advances, costs and expenses of the Trustee and that no fees, charges or expenses of the Trustee shall be paid from moneys drawn under the Letter of CreditTrustee, and the Trustee agrees to look only to the Lessee Borrower for the payment of all fees, charges and expenses of the Trustee, the Paying Agent and the Bond Registrar Trustee as provided in the Lease Agreement; provided, however, upon . Upon the occurrence of an Event of Default and during its continuance and subject to the Letter of Credit Provider Documents so long as the Letter of Credit Provider has honored all properly presented and conforming draws on the Letter of Creditcontinuance, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, redemption premium, if any, or interest on any Bond, upon all moneys in its possession except from moneys received from drawings under the Letter of Credit, under any provision provisions hereof for the foregoing advances, fees, costs and expenses incurred, other than moneys received under the Credit Facility, or deposit in the Purchase Fund or Rebate Fund, and which constitute Available Moneys for the payment of redemption premium.

Appears in 1 contract

Samples: Trust Indenture (Bremen Bearings Inc)

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