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 and reimbursement for such fees, charges and expenses as may specifically be agreed upon with the Borrower and, absent such agreement, the Borrower shall pay to the Trustee as Ordinary Expenses its reasonable fees, expenses and charges for its Ordinary Services as Trustee and all advances, reasonable counsel fees and other Ordinary Expenses reasonably and necessarily made or incurred by the Trustee in connection with Ordinary Services, and if it should become necessary that the Trustee perform Extraordinary Services, it shall be entitled to reasonable charges for Extraordinary Services and all advances, reasonable counsel fees and other Extraordinary Expenses in connection therewith. Upon an Event of Default, but only upon an Event of Default, the Trustee shall have a first lien with right of payment prior to payment on account of principal of, premium, if any, and interest on any Bond upon the 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 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; and "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred by the Trustee under this Indenture other than Ordinary Services and Ordinary Expenses.

Fees, Charges and Expenses of Trustee. The Trustee shall be ------------ ------------------------------------- entitled to payment and or reimbursement by the Borrower, as provided in the Agreement, for such fees, charges reasonable fees and expenses as may specifically be agreed upon with the Borrower and, absent such agreement, the Borrower shall pay to the Trustee as Ordinary Expenses its reasonable fees, expenses and charges for its Ordinary Services as Trustee rendered hereunder and for all advances, reasonable counsel fees and other Ordinary Expenses reasonably and necessarily made paid or incurred by the Trustee it in connection with the provision of Ordinary Services. For purposes hereof, and if fees for Ordinary Services provided for by its standard fee schedule shall be considered reasonable. In the event that it should become necessary that for the Trustee to perform Extraordinary Services, it shall be entitled to reasonable charges extra compensation therefor and to reimbursement for Extraordinary Services reasonable and all advances, reasonable counsel fees and other necessary Extraordinary Expenses incurred in connection therewith. Upon Without creating a default or an Event of DefaultDefault hereunder, but only upon an Event of Defaulthowever, the Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the reasonableness of any fee, charge or expense. The Trustee shall have a first lien with right of not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its neglect or willful misconduct. The payment prior to payment on account of principal of, premium, if any, and interest on any Bond upon which the trust estate and funds held hereunder, except amounts drawn Trustee is entitled hereunder shall be made only from (i) the Additional Payments made by the Trustee on a Letter of CreditBorrower pursuant to the Agreement, for the foregoing fees, charges and expenses incurred by the Trusteeor (ii) from other moneys available therefor. When Any amounts payable to the Trustee incurs expenses or renders services after pursuant to this Section 6.03 shall be payable upon demand and shall bear interest from the occurrence date of an Act of Bankruptcy, demand therefor at the expenses and the compensation Interest Rate 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. 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; and "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred by the Trustee under this Indenture other than Ordinary Services and Ordinary ExpensesAdvances.

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 and or reimbursement by the Borrower, as provided in the Agreement, for such fees, charges and expenses as may specifically be agreed upon with the Borrower and, absent such agreement, the Borrower shall pay to the Trustee as Ordinary Expenses its reasonable fees, expenses and charges customary fees for its their respective Ordinary Services as Trustee rendered hereunder and for all advances, reasonable counsel fees and other Ordinary Expenses reasonably and necessarily made paid or incurred by the Trustee them in connection with the provision of Ordinary Services. For purposes hereof, and if fees for Ordinary Services provided for by their respective standard fee schedules shall be considered customary. In the event that it should become necessary that the Trustee for any of them to perform Extraordinary Services, it they shall be entitled to customary extra compensation therefor and to reimbursement for reasonable charges for Extraordinary Services and all advances, reasonable counsel fees and other necessary Extraordinary Expenses incurred in connection therewith. Upon Without creating a default or an Event of DefaultDefault hereunder, but only upon an Event of Defaulthowever, the Trustee 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, the Registrar and any Paying Agent or Authenticating Agent shall have a first lien with right of not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by their neglect or willful misconduct. The payment prior to payment on account of principal ofwhich the Trustee, premium, if any, the Registrar and interest on any Bond upon Paying Agent and Authenticating Agent are entitled hereunder shall be made only from (i) the trust estate and funds held hereunder, except amounts drawn Additional Payments made by the Trustee on a Letter of CreditBorrower pursuant to the Agreement, for the foregoing fees, charges and expenses incurred by or (ii) from other moneys available therefor. Any amounts payable to the Trustee. When the Trustee incurs expenses or renders services after the occurrence of an Act of Bankruptcy, the expenses Registrar or any Paying Agent or Authenticating Agent pursuant to this Section 6.03 shall be payable upon demand and shall bear interest from the compensation date of demand therefor at the Interest Rate 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. 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; and "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred by the Trustee under this Indenture other than Ordinary Services and Ordinary ExpensesAdvances.

Fees, Charges and Expenses of Trustee. The Trustee shall ------------------------------------- be ------------ ------------------------------------- entitled to payment and or reimbursement by the Borrower, as provided in the Financing Agreement, for such fees, charges and expenses as may specifically be agreed upon with reasonable fees for the Borrower and, absent such agreement, the Borrower shall pay to Ordinary Services of the Trustee as Ordinary Expenses and its reasonable fees, expenses agents rendered hereunder and charges for its Ordinary Services as Trustee and all advances, reasonable counsel fees and other Ordinary Expenses reasonably and necessarily made paid or incurred by the Trustee it and its agents in connection with the provision of Ordinary Services. For purposes hereof, and if 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 that the Trustee for any of them to perform Extraordinary Services, it they shall be entitled to reasonable charges extra compensation therefor and to reimbursement for Extraordinary Services reasonable and all advances, reasonable counsel fees and other necessary Extraordinary Expenses incurred in connection therewith. Upon an Event of DefaultThe Trustee shall not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by its gross negligence or willful misconduct. The fees for the Trustee's Ordinary Services and Ordinary Expenses and Extraordinary Service and Extraordinary Expenses shall be entitled to payment and reimbursement only from (i) the Project Fund, but only upon an Event of Default(ii) Additional Payments made by the Borrower pursuant to the Financing Agreement, or (iii) from other moneys available therefor. Any amounts payable to the Trustee pursuant to this Section shall have a first lien with right be payable upon demand and shall bear interest from five Business Days following the date of payment prior to payment on account demand therefor at the Interest Rate for Advances. The initial or acceptance fees of principal of, premium, if any, and interest on any Bond upon the trust estate and funds held hereunder, except amounts drawn by the Trustee on a Letter of Credit, for and the foregoing fees, charges and expenses incurred by the Trustee. When of the Trustee incurs expenses or renders services after the occurrence of an Act of Bankruptcyand its agents described above, 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. 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; and "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred may be paid by the Trustee under this Indenture other than Ordinary Services from the Project Fund as and Ordinary Expenseswhen 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. REGISTRAR, PAYING AGENT AND AUTHENTICATING AGENTS. The Trustee Trustee, the Registrar and any Paying Agent or Authenticating Agent shall be ------------ ------------------------------------- entitled to payment and or reimbursement by the Borrower, as provided in the Agreement, for such fees, charges and expenses as may specifically be agreed upon with the Borrower and, absent such agreement, the Borrower shall pay to the Trustee as Ordinary Expenses its reasonable fees, expenses and charges fees for its their respective Ordinary Services as Trustee rendered hereunder and for all advances, reasonable counsel fees and other Ordinary Expenses reasonably and necessarily made paid or incurred by the Trustee them in connection with the provision of Ordinary Services. For purposes hereof, and if fees for Ordinary Services provided for by their respective standard fee schedules shall be considered reasonable. In the event that it should become necessary that the Trustee for any of them to perform Extraordinary Services, it they shall be entitled to reasonable charges extra compensation therefor and to reimbursement for Extraordinary Services reasonable and all advances, reasonable counsel fees and other necessary Extraordinary Expenses incurred in connection therewith. Upon Without creating a default or an Event of DefaultDefault hereunder, but only upon an Event of Defaulthowever, the Trustee Borrower may contest in good faith the necessity for any Extraordinary Service and Extraordinary Expense and the reasonableness of any fee, charge or expense. The Trustee, the Registrar and any Paying Agent or Authenticating Agent shall have a first lien with right of not be entitled to compensation or reimbursement for Extraordinary Services or Extraordinary Expenses occasioned by their neglect or willful misconduct. The payment prior to payment on account of principal ofwhich the Trustee, premium, if any, the Registrar and interest on any Bond upon Paying Agent and Authenticating Agent are entitled hereunder shall be made only from (i) the trust estate and funds held hereunder, except amounts drawn Additional Payments made by the Trustee on a Letter of CreditBorrower pursuant to the Agreement, for the foregoing fees, charges and expenses incurred by or (ii) from other moneys available therefor. Any amounts payable to the Trustee, the Registrar or any Paying Agent or Authenticating Agent pursuant to this Section 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 BankruptcyBankruptcy 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. 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; and "Extraordinary Services" and "Extraordinary Expenses" means all services and all expenses incurred by the Trustee under this Indenture other than Ordinary Services and Ordinary Expenses.