Common use of Fees, Charges and Expenses Clause in Contracts

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement between the Depositary and the Company and consent by the Company to the incurrence of such expenses. The Depositary shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary may agree.

Appears in 2 contracts

Samples: Deposit Agreement (CBL & Associates Properties Inc), Deposit Agreement (CBL & Associates Properties Inc)

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Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreementthe depositary arrangements. The Company shall also pay all fees and expenses charges of the Depositary in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the ReceiptsShares, any redemption of the Preferred Stock at the option of the Company Company, conversion of the Stock into Common Stock and all withdrawals of shares of the Preferred Stock by holders owners of ReceiptsDepositary Shares. All other transfer and other taxes and governmental charges shall be at the expense of the holders of ReceiptsDepositary Shares. If If, at the request of a holder of Receipts requests the Depositary to perform duties not required under this Deposit AgreementShares, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holderincurs fees, charges or expenses for which it is not otherwise liable hereunder, such holder will thereafter be liable for the such fees, charges and expenses related to such performanceexpenses. All other fees fees, charges and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior upon consultation and agreement between the Depositary and the Company and consent by the Company as to the incurrence amount and nature of such fees, charges and expenses. The Depositary shall present its statement for fees fees, charges and expenses to the Company once every month or at such other intervals as the Company and the Depositary may agree.

Appears in 1 contract

Samples: Amendment and Ratification Agreement (Ico Inc)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement between the Depositary and the Company and consent by the Company to the incurrence of such expenses. The Depositary (and, if applicable, the Transfer Agent, Calculation Agent and Registrar) shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (CorEnergy Infrastructure Trust, Inc.)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.095.13. The Company shall pay all Table of Contents transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary and the Calculation Agent in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests as previously agreed between the Depositary to perform duties not required under this Deposit Agreement, and the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performanceCompany. All other fees and expenses of the Depositary Depositary, the Calculation Agent and any Depositary’s Agent hereunder and of any Registrar or Transfer Agent (including, in each case, reasonable fees and expenses of counsel) incurred in the preparation, delivery, amendment, administration and execution of this Deposit Agreement and incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement as previously agreed between the Depositary and the Company or any Registrar or Transfer Agent; provided that Holders of Depositary Shares shall pay any transfer fees, taxes or governmental charges and consent by the Company to the incurrence of other such expensescharges as expressly provided in this Deposit Agreement. The Depositary and the Calculation Agent (and if applicable, the Transfer Agent and Registrar) shall present its statement for fees and expenses to the Company every month annually or at such other intervals as the Company and the Depositary may agree.. Table of Contents

Appears in 1 contract

Samples: Deposit Agreement (Fifth Third Bancorp)

Fees, Charges and Expenses. No The Company agrees promptly to pay the Depositary compensation, in accordance with a fee schedule to be mutually agreed upon, for all services rendered by the Depositary hereunder and to reimburse the Depositary for its reasonable out-of-pocket expenses (including reasonable counsel fees and expenses) in connection with the services rendered by it (or such agent or Depositary Agent) hereunder. The Company shall pay all charges and expenses of the Depositary in connection with the initial deposit of the Series A Preference Shares and the initial issuance of the Depositary Shares, all withdrawals of shares of Series A Preference Shares by owners of Depositary Shares, and any redemption or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09exchange of the Series A Preference Shares at the option of the Company. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company the depositary arrangements and shall also pay all fees and expenses require Holders of the Depositary in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and Receipts to pay all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges charges. The Depositary shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary not have any duty or obligation to perform duties not required take any action under this or any other section of this Deposit Agreement, Agreement that requires the Depositary shall notify the holder payment of the cost of the performance of taxes and/or charges unless and until it is satisfied that all such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement between the Depositary and the Company and consent by the Company to the incurrence of such expensespayments have been made. The Depositary shall present its statement for fees charges and expenses to the Company every month or at such other intervals as the Company and the Depositary may agreeagree using the Ariba invoicing system (or using such other system or means of presenting statements for charges and expenses as the Company and the Depositary may mutually agree from time to time hereafter).

Appears in 1 contract

Samples: Deposit Agreement (Textainer Group Holdings LTD)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.095.07. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock Shares at the option of the Company and all withdrawals of the Preferred Stock Shares by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of ReceiptsDepositary Shares. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement; provided however, such requests must be confirmed in writing by the Company and must be reasonable and acceptable to the Depositary, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such Such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement as previously agreed between the Depositary and the Company and consent by the Company to the incurrence of such expensesCompany. The Depositary shall present its statement for fees and expenses to the Company every month quarter or at such other intervals as the Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Weingarten Realty Investors /Tx/)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s 's Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s 's Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement between the Depositary and the Company and consent by the Company to the incurrence of such expenses. The Depositary shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary may agree.obligations

Appears in 1 contract

Samples: Deposit Agreement (CBL & Associates Properties Inc)

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Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.095.07. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. All other transfer and other taxes and governmental changes shall be at the expense of the holders of Depository Shares evidenced by Receipts. The Company shall also pay all reasonable fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company Receipts and all withdrawals of the Preferred Stock Shares by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the such holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performanceperformance for which the Company is not otherwise liable hereunder, and, if the holder authorizes the Depositary to proceed on that basis, the holder will be liable for those charges and expenses. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation pursuant to the terms of the Transfer Agency and Service Agreement (or, if such agreement between the Depositary and is no longer in effect, pursuant to such terms as the Company and consent by the Company Depositary shall agree in good faith, which terms shall be at least as favorable to the incurrence of Depositary as those contained in such expensesagreement as last in effect). The Depositary shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Sb Financial Group, Inc.)

Fees, Charges and Expenses. No charges and expenses of the Depositary or any Depositary’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all fees and expenses of the Depositary in connection with the initial deposit of the Preferred Stock Shares and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock Shares at the option of the Company and all withdrawals of the Preferred Stock Shares by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary to perform duties not required under this Deposit Agreement, the Depositary shall notify the holder of the cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary and any Depositary’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation and agreement between the Depositary and pursuant to such terms as the Company and consent by the Company to the incurrence of such expensesDepositary shall agree in good faith. The Depositary shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary may agree.

Appears in 1 contract

Samples: Deposit Agreement (Federal Realty Investment Trust)

Fees, Charges and Expenses. No charges and expenses of the Depositary Depository or any DepositaryDepository’s Agent hereunder shall be payable by any person, except as provided in this Section 5.09. The Company shall pay all transfer and other taxes and governmental charges arising solely from the existence of this Deposit Agreement. The Company shall also pay all reasonable fees and expenses of the Depositary Depository in connection with the initial deposit of the Preferred Stock and the initial issuance of the Depositary Shares evidenced by the Receipts, any redemption of the Preferred Stock at the option of the Company and all withdrawals of the Preferred Stock by holders of Receipts. All other transfer and other taxes and governmental charges shall be at the expense of the holders of Receipts. If a holder of Receipts requests the Depositary Depository to perform duties not required under this Deposit Agreement, the Depositary Depository shall notify the holder of the time cost of the performance of such duties prior to the performance thereof. Upon approval of such cost by such holder, such holder will thereafter be liable for the charges and expenses related to such performance. All other fees and expenses of the Depositary Depository and any DepositaryDepository’s Agent hereunder and of any Registrar (including, in each case, reasonable fees and expenses of counsel) incident to the performance of their respective obligations hereunder will be promptly paid by the Company only after prior consultation pursuant to the terms of Transfer Agency and Service Agreement (or, if such agreement between the Depositary and is no longer in effect, pursuant to such terms as the Company and consent by the Company Depository shall agree in good faith, which terms shall be at least as favorable to the incurrence of Depository as those contained in such expensesagreement as last in effect). The Depositary Depository shall present its statement for fees and expenses to the Company every month or at such other intervals as the Company and the Depositary Depository may agree.

Appears in 1 contract

Samples: Deposit Agreement (Midwest Banc Holdings Inc)

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