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 and/or reimbursement for reasonable fees for its services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and all advances, counsel fees and other expenses reasonably and necessarily made or incurred by the Trustee in connection with such services and, in the event that it should become necessary for the Trustee to perform extraordinary services, the Trustee shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith (including without limitation attorney’s fees and expenses); provided that if such extraordinary services or extraordinary expenses are occasioned by the gross negligence or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. Upon an event of default, but only upon an event of default, the Trustee shall have a right of payment prior to payment on account of interest on or principal of any Expenditure Agreement for the foregoing advances, fees, costs and expenses incurred.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

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Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment and/or reimbursement for reasonable fees for its services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and all advances, counsel fees and other expenses reasonably and necessarily made or incurred by the Trustee in connection with such services and, in the event that it should become necessary for the Trustee to perform extraordinary services, the Trustee shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith (including without limitation attorney’s fees and expenses); provided that if such extraordinary services or extraordinary expenses are occasioned by the gross negligence or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefor. Upon an event of default, but only upon an event of default, the Trustee shall have a right of payment prior to payment on account of interest on or principal of any Expenditure Agreement Bond for the foregoing advances, fees, costs and expenses incurred.

Appears in 1 contract

Samples: Trust Indenture

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Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment and/or of or reimbursement for reasonable fees for its ordinary services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) 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, in the event that it should become necessary for that the Trustee to perform extraordinary services, the Trustee it shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith (including without limitation attorney’s fees and expenses)therewith; provided provided, however, that if such extraordinary services or extraordinary expenses are occasioned by the gross 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. Upon the occurrence of an event Event of default, but only upon an event of defaultDefault and during its continuance, the Trustee shall have a lien with right of payment prior to payment on account of principal of, premium, if any, or interest on or principal of any Expenditure Agreement Bond, upon all moneys in its possession under any provisions hereof for the foregoing advances, fees, costs and expenses incurredincurred and for Default Administration Costs.

Appears in 1 contract

Samples: Trust Indenture (Capital Lease Funding Inc)

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