Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of or reimbursement for reasonable fees for its ordinary services rendered 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, in the event that it should become necessary that the Trustee perform extraordinary services, it shall be entitled to reasonable 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 neglect or 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. The Trustee agrees that the Issuer shall have no liability for any fees, charges and expenses of the Trustee, and the Trustee agrees to look only to the Corporation for the payment of all fees, charges and expenses of the Trustee and any Paying Agents as provided in the Lease. Upon the occurrence of an Event of Default and during its continuance, the Trustee shall have a lien with right of payment prior to payment of principal of, redemption premium, if any, or interest on any Bond, upon all moneys in its possession under any provisions hereof for the foregoing advances, fees, costs and expenses incurred and for Default Administration Costs.
Appears in 1 contract
Samples: Trust Indenture (Elecsys Corp)
Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of or and/or reimbursement for reasonable fees for its ordinary services rendered 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, in the event that services. If it should become 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 neglect 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. Pursuant to the provisions of Section 5.2 of the Lease, the 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 the Trustee agrees to look only to the Corporation Developer for the payment of all reasonable fees, charges and expenses of the Trustee and any Paying Agents Agent as provided in the Lease. Upon the occurrence of an Event of Default and during its continuance, the Trustee shall have a 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 under any provisions hereof for the foregoing reasonable advances, fees, costs and expenses incurred incurred. The Trustee’s right to compensation and for Default Administration Costsindemnification 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: Memorandum of Lease Agreement
Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of or and/or reimbursement for reasonable fees for its ordinary services rendered 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, in the event that it 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 neglect or 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. Pursuant to the provisions of SECTION 5.2 of the Lease, the 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 the Trustee agrees to look only to the Corporation for the payment of all reasonable fees, charges and expenses of the Trustee and any Paying Agents Agent as provided in the Lease. Upon the occurrence of an Event of Default and during its continuance, the Trustee shall have a 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 under any provisions hereof for the foregoing reasonable advances, fees, costs and expenses incurred and for Default Administration Costsincurred.
Appears in 1 contract
Samples: Trust Indenture (Pacific Sunwear of California Inc)
Fees, Charges and Expenses of the Trustee. The Trustee shall be entitled to payment of or and/or reimbursement for reasonable fees for its ordinary services rendered hereunder 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, in the event that if it should become 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 neglect 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 BondsBonds 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 TrusteeTrustee 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 Corporation Lessee for the payment of all fees, charges and expenses of the Trustee Trustee, the Paying Agent and any Paying Agents the Bond Registrar as provided in the Lease. Upon Lease Agreement; provided, however, upon the occurrence of an Event of Default and during its continuancecontinuance 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 provisions provision hereof for the foregoing advances, fees, costs and expenses incurred and for Default Administration Costsincurred.
Appears in 1 contract
Samples: Trust Indenture (Labone Inc)