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

Fees, Charges and Expenses of Trustee. The Trustee shall be entitled to payment or reimbursement by the Borrower, as provided in the Loan Agreement, for customary fees for Ordinary Services rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it in connection with the provision of Ordinary Services. In the event that it should become necessary for the Trustee to perform Extraordinary Services, it shall be entitled to customary extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expense. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. The customary fees for its Ordinary Services and charges of the foregoing shall be entitled to payment and reimbursement only from (i) the Additional Payments made by the Borrower pursuant to the Loan Agreement, or (ii) from moneys available therefor in the Expense Fund. Any amounts payable to the Trustee pursuant to this Section 5.03 shall be payable upon demand and shall bear interest from the date of demand therefor at the Interest Rate for Advances.

Fees, Charges and Expenses of Trustee. The Trustee shall be entitled to payment or reimbursement by the Borrower, as provided in the Loan Agreement, for customary reasonable fees and expenses for its Ordinary Services rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it in connection with the provision of Ordinary Services. For purposes hereof, fees for Ordinary Services provided for by its standard fee schedule shall be considered reasonable. In the event that it should become necessary for the Trustee to perform Extraordinary Services, it shall be entitled to customary reasonable extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount reasonableness of any fee, charge or expense. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence neglect or willful misconduct. The customary fees for its Ordinary Services and charges of payment to which the foregoing Trustee is entitled hereunder shall be entitled to payment and reimbursement made only from (i) the Additional Payments made by the Borrower pursuant to the Loan Agreement, or (ii) from other moneys available therefor in the Expense Fundtherefor. Any amounts payable to the Trustee pursuant to this Section 5.03 6.03 shall be payable upon demand and shall bear interest from the date of demand therefor at the Interest Rate for Advances.

Fees, Charges and Expenses of Trustee. REGISTRAR, PAYING AGENTS AND AUTHENTICATING AGENTS. The Trustee Trustee, the Registrar and any Paying Agent or Authenticating Agent shall be entitled to payment or reimbursement by the Borrower, as provided in the Loan Agreement, for customary fees for their respective Ordinary Services rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it them in connection with the provision of Ordinary Services. For purposes hereof, fees for Ordinary Services provided for by their respective standard fee schedules shall be considered customary. In the event that it should become necessary for the Trustee any of them to perform Extraordinary Services, it they shall be entitled to customary extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expense. The Trustee Trustee, the Registrar and any Paying Agent or Authenticating Agent shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence their neglect or willful misconduct. The customary fees for its Ordinary Services payment to which the Trustee, the Registrar and charges of the foregoing any Paying Agent and Authenticating Agent are entitled hereunder shall be entitled to payment and reimbursement made only from (i) the Additional Payments made by the Borrower pursuant to the Loan Agreement, or (ii) from other moneys available therefor in the Expense Fundtherefor. Any amounts payable to the Trustee Trustee, the Registrar or any Paying Agent or Authenticating Agent pursuant to this Section 5.03 6.03 shall be payable upon demand and shall bear interest from the date of demand therefor at the Interest Rate for Advances.

Fees, Charges and Expenses of Trustee. (a) The Trustee shall be entitled to payment or reimbursement by the BorrowerCompany, as provided in the Loan AgreementLease, for customary reasonable fees for the Ordinary Services of the Trustee and its agents rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it and its agents in connection with the provision of Ordinary Services. For purposes hereof, fees for Ordinary Services provided for by their respective standard fee schedule shall be considered reasonable. In the event that it should become necessary for the Trustee any of them to perform Extraordinary Services, it they shall be entitled to customary reasonable extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expense. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. . (b) The customary fees for its the Trustee's Ordinary Services and charges of the foregoing Ordinary Expenses and Extraordinary Services and Extraordinary Expenses shall be entitled to payment and reimbursement only from (i) the Additional Payments Project Fund, (ii) payments made by the Borrower Company pursuant to the Loan AgreementLease, or (iiiii) from other moneys available therefor in therefor; provided that following the Expense Fundoccurrence of an Event of Default the Trustee shall have a first priority lien on all of the Trust Estate, excepting only drawings on the Letters of Credit, for the payment of such fees and expenses. Any amounts payable to the Trustee pursuant to this Section 5.03 shall be payable upon demand and shall bear interest from five Business Days following the date of demand therefor at the Interest Rate interest rate then in effect for Advancesthe Bonds. The initial or acceptance fees of the Trustee and the fees, charges and expenses of the Trustee and its agents described above, may be paid by the Trustee from the Project Fund as and when due to the extent that those fees, charges and expenses become due prior to the Final Project Completion Date.

Fees, Charges and Expenses of Trustee. (a) The Trustee shall be entitled to payment or of and reimbursement by the Borrower, as provided in the Loan Agreement, for customary fees for Ordinary Services its services rendered hereunder and for all advances, counsel fees and other expenses and other Ordinary Expenses reasonably and necessarily paid made or incurred by it the Trustee in connection with the provision of Ordinary Services. In the event that it should become necessary for the Trustee to perform Extraordinary Servicessuch services including, it shall be entitled to customary extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunderbut not limited to, the Trustee shall continue to perform its duties hereunder notwithstanding the BorrowerTrustee’s failure to timely pay such fees; provided, however, such extraordinary fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expenseexpenses. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. The customary fees for its Ordinary Services and charges of the foregoing shall be entitled to payment and reimbursement only from for the fees and charges of the Trustee as paying agent and Bond Registrar for the Bonds, if any, as herein above provided. The Trustee may charge its fees and expenses against any fund fifteen (15) days following rendering of charges. The Trustee shall have a first lien on the Trust Estate with right of payment prior to payment of, the principal of, and the interest on, any Bond for the foregoing advances, fees, costs and expenses incurred. (b) The Trustee shall be entitled to payment and reimbursement for special services and expenses (including but not limited to those listed herein), rendered on behalf of an individual Bondholder, which special services and expenses have been incurred at the written request of such individual Bondholder. The Trustee may, but is not obligated to, render such special services and expenses and to charge a reasonable fee for such special services and expenses which shall be paid for by such individual Bondholder. The Trustee may charge these expenses against any fund held on behalf of such individual Bondholder five (5) days following the rendering of charges. (c) Pursuant to the terms of the Agreement, the Obligated Group has agreed to pay directly to the Trustee: (i) an amount equal to the Additional Payments made annual fee of the Trustee and expenses incurred by the Borrower pursuant to the Loan Agreement, or Trustee hereunder; and, (ii) from moneys available therefor in the Expense Fund. Any amounts payable to The reasonable fees and charges of the Trustee pursuant for acting as paying agent and as Bond Registrar, and the fees and costs of Trustee’s Counsel, as and when the same become due. (d) The Issuer shall not be liable to this Section 5.03 shall be payable upon demand pay any costs and shall bear interest expenses of the Trustee from any source other than the date of demand therefor at the Interest Rate for AdvancesTrust Estate.

Fees, Charges and Expenses of Trustee. The Trustee shall ------------------------------------- be entitled to payment or reimbursement by the Borrower, as provided in the Loan Financing Agreement, for customary reasonable fees for the Ordinary Services of the Trustee and its agents rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it and its agents in connection with the provision of Ordinary Services. For purposes hereof, fees for Ordinary Services provided for by their respective standard fee schedule or other fee arrangement shall be considered reasonable. In the event that it should become necessary for the Trustee any of them to perform Extraordinary Services, it they shall be entitled to customary reasonable extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expense. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. The customary fees for its the Trustee's Ordinary Services and charges of the foregoing Ordinary Expenses and Extraordinary Service and Extraordinary Expenses shall be entitled to payment and reimbursement only from (i) the Project Fund, (ii) Additional Payments made by the Borrower pursuant to the Loan Financing Agreement, or (iiiii) from other moneys available therefor in the Expense Fundtherefor. Any amounts payable to the Trustee pursuant to this Section 5.03 shall be payable upon demand and shall bear interest from five Business Days following the date of demand therefor at the Interest Rate for Advances. The initial or acceptance fees of the Trustee and the fees, charges and expenses of the Trustee and its agents described above, may be paid by the Trustee from the Project Fund as and when due to the extent that those fees, charges and expenses become due during the Construction Period (as defined in the Financing Agreement).

Fees, Charges and Expenses of Trustee. The Trustee shall be ------------ ------------------------------------- entitled to payment or and reimbursement by for such fees, charges and expenses as may specifically be agreed upon with the BorrowerBorrower and, absent such agreement, the Borrower shall pay to the Trustee as provided in the Loan AgreementOrdinary Expenses its reasonable fees, expenses and charges for customary fees for its Ordinary Services rendered hereunder as Trustee and for all advances, reasonable counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid made or incurred by it the Trustee in connection with the provision of Ordinary Services. In the event that , and if it should become necessary for that the Trustee to perform Extraordinary Services, it shall be entitled to customary extra compensation therefor reasonable charges for Extraordinary Services and to reimbursement for all advances, reasonable counsel fees and necessary other Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replacedUpon an Event of Default, and a successor Trustee is appointed pursuant to Section 5.09 hereunderbut only upon an Event of Default, the Trustee shall continue have a first lien with right of payment prior to perform its duties hereunder notwithstanding payment on account of principal of, premium, if any, and interest on any Bond upon the Borrower’s failure trust estate and funds held hereunder, except amounts drawn by the Trustee on a Letter of Credit, for the foregoing fees, charges and expenses incurred by the Trustee. When the Trustee incurs expenses or renders services after the occurrence of an Act of Bankruptcy, the expenses and the compensation for the services are intended to timely pay such constitute expenses of administration under any federal or state bankruptcy, insolvency, arrangement, moratorium, reorganization or other debtor relief law. As used herein, "Ordinary Services" and "Ordinary Expenses" mean those services normally rendered and those expenses normally incurred by a trustee under instruments similar hereto, including, but not limited to, reasonable counsel fees; provided, however, such fees shall continue to accrue and bear interest at "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred by the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount of any fee, charge or expense. The Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. The customary fees for its under this Indenture other than Ordinary Services and charges of the foregoing shall be entitled to payment and reimbursement only from (i) the Additional Payments made by the Borrower pursuant to the Loan Agreement, or (ii) from moneys available therefor in the Expense Fund. Any amounts payable to the Trustee pursuant to this Section 5.03 shall be payable upon demand and shall bear interest from the date of demand therefor at the Interest Rate for AdvancesOrdinary Expenses.

Fees, Charges and Expenses of Trustee. REGISTRAR, PAYING AGENT AND AUTHENTICATING AGENTS. The Trustee Trustee, the Registrar and any Paying Agent or Authenticating Agent shall be entitled to payment or reimbursement by the Borrower, as provided in the Loan Agreement, for customary reasonable fees for their respective Ordinary Services rendered hereunder and for all advances, counsel fees and expenses and other Ordinary Expenses reasonably and necessarily paid or incurred by it them in connection with the provision of Ordinary Services. For purposes hereof, fees for Ordinary Services provided for by their respective standard fee schedules shall be considered reasonable. In the event that it should become necessary for the Trustee any of them to perform Extraordinary Services, it they shall be entitled to customary reasonable extra compensation therefor and to reimbursement for reasonable and necessary Extraordinary Expenses incurred in connection therewith. Unless and until such time as the Trustee resigns or is replaced, and a successor Trustee is appointed pursuant to Section 5.09 hereunder, the Trustee shall continue to perform its duties hereunder notwithstanding the Borrower’s failure to timely pay such fees; provided, however, such fees shall continue to accrue and bear interest at the Interest Rate for Advances. Without creating a default or an Event of Default hereunder, however, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the amount reasonableness of any fee, charge or expense. The Trustee Trustee, the Registrar and any Paying Agent or Authenticating Agent shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence their neglect or willful misconduct. The customary fees for its Ordinary Services payment to which the Trustee, the Registrar and charges of the foregoing any Paying Agent and Authenticating Agent are entitled hereunder shall be entitled to payment and reimbursement made only from (i) the Additional Payments made by the Borrower pursuant to the Loan Agreement, or (ii) from other moneys available therefor in the Expense Fundtherefor. Any amounts payable to the Trustee Trustee, the Registrar or any Paying Agent or Authenticating Agent pursuant to this Section 5.03 6.03 shall be payable upon demand and shall bear interest from the date of demand therefor at the Interest Rate for Advances. When the Trustee incurs reasonable expenses or renders services after the occurrence of an Act of Bankruptcy with respect to the Issuer or the Company, the expenses and the compensation for the services are intended to constitute expenses of administration under any federal or state bankruptcy, insolvency, arrangement, moratorium, reorganization or other debtor relief law.