Fees Compensation and Expenses Sample Clauses

Fees Compensation and Expenses. 10.1 Trustee’s Fee The Trustee shall be entitled to such compensation as may be agreed upon, from time to time but not less than annually, by the Trustee and the Manager by written agreement (the “Fee Agreement”). Such compensation, as well as all other disbursements made and expenses incurred (including out-of-pocket expenses) by the Trustee in the performance of its duties and obligations hereunder shall be paid by the Trust out of its Trust Property, unless such compensation, disbursements or expenses have been first paid by the Manager pursuant to the Fee Agreement. Unless other arrangements are agreed upon by the Manager, the Trustee shall receive no other compensation for its services as trustee hereunder but nothing herein shall prevent the Trustee from receiving additional compensation in connection with other services that may be performed by the Trustee for the Trust, including services performed for and dealings with the Trust by the Trustee other than in its capacity as trustee of the Trust including, but not limited to, as the Custodian of the Trust Property other than the Gold Bullion and as the Valuation Agent. 10.2 Manager’s Fee As compensation for providing management, administrative and investment management services to the Trust pursuant to this Trust Agreement and the Management Agreement, the Manager shall be entitled to receive a monthly management fee (the “Management Fee”) plus any applicable federal and provincial taxes, which shall be paid by the Trust at such times and in the amount specified in the Management Agreement. 10.3 Investment Manager’s Fee As compensation for providing investment management services to all or any portion of the Trust Property, any Investment Manager appointed by the Manager from time to time shall be entitled to receive management fees in respect of each class or series of a class of Units calculated in such manner and payable at such times as the Manager and the Investment Manager may agree upon from time to time pursuant to a written agreement and subject to the requirements of applicable Securities Legislation. As at the date hereof, the Manager does not intend to appoint an Investment Manager for the Trust.
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Fees Compensation and Expenses. (a) In consideration of the provision of the Services by the Westpark Advisors and the rights granted to AERG under this Agreement, AERG shall pay Westpark Advisors a fee of $16,700 per month during the Term (see Paragraph 7). Said fee will be payable within [five (5)] days of receipt by AERG of an invoice from Westpark Advisors. (b) AERG will provide Westpark Advisors with two-hundred and fifty-thousand (250,000) AERG stock options upon signature of this Agreement. The issued stock options will vest quarterly (every ninety (90) days) in four (4) equal tranches. The vested stock options must be exercised within three (3) years of the vesting date. (c) AERG will provide Westpark Advisors with one million (1,000,000) AERG stock options upon the successful award of a contract in excess of five-hundred thousand (500,000) in revenue from an opportunity that Westpark Advisors sourced, captured and pursued for AERG. The official record of opportunities recognized as captured by Westpark will be only those registered on AERG’s sales pipeline with Westpark Advisors listed as the opportunity owner. (d) AERG shall reimburse Westpark Advisors for all reasonable expenses incurred in accordance with the provision of Services [if such expenses have been pre-approved, in writing by AERG Contract Manager], within thirty (30) days of receipt by AERG of an invoice from Westpark Advisors accompanied by receipts and reasonable supporting documentation. (e) AERG shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by AERG hereunder; provided, that, in no event shall AERG pay or be responsible for any taxes imposed on, or regarding, Westpark Advisors’ income, revenues, gross receipts, personnel, or real or personal property or other assets. (f) Except for invoiced payments that AERG has successfully disputed, all late payments shall bear interest at the lesser of the rate of [five percent (5%)] % per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. AERG shall also reimburse Westpark Advisors for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under this Agreement or at law (which Westpark Advisors does not waive by the exercise of any rights hereunder), Westpark Advisors shall b...
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Fees Compensation and Expenses. The Servicer may, but shall not be required to, advance the funds necessary to pay any Operating Expense, rather than requesting a transfer of such funds from USTK pursuant to Section 2.04 of this Agreement. USTK shall reimburse the Servicer for all Operating Expenses to the extent that the Servicer has not received funds for such Operating Expenses pursuant to Section 2.04 of this Agreement, such reimbursement to be made no later than the Monthly Payment Date following the request for such reimbursement. Annual Management Fee. Commencing on the date of determination of the Determined Value of the Timberland Investment as of December 31st of the preceding calendar year (the “Annual Determination Date”) and continuing until the next Annual Determination Date, the Servicer's annualized management fee for the Services it renders pursuant to this Agreement shall be equal to two percent (2%) of the Determined Value of the Timberland Investment for the preceding calendar year less the Fixed Operating Expenses reimbursed pursuant to Section 8.01. The management fee will be paid in monthly installments in advance on each Monthly Payment Date, using the Fixed Operating Expenses reimbursed pursuant to Section 8.01 during the previous month for purposes of calculating the amount of such installment (such monthly payment being referred to as the “Servicing Fee”). For the period commencing on the Effective Date and continuing through the next Annual Determination Date, the annual management fee will be based on the value of the Initial Timberland Investment determined by the closing valuation ($200,000,000) and shall be equal to two percent (2%) of such amount, calculated on an annualized basis.
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Fees Compensation and Expenses. (b) For each month during the Term, the Company shall pay to Xxxxxxx a nonrefundable retainer fee of $2,500.00 (the “Retainer Fee”). The Retainer Fee will be paid by the Company on the first day of the month for which it is due (or the first business day thereafter). The Retainer Fee will be deemed to compensate Xxxxxxx for up to twenty (20) of the total hours expended by Xxxxxxx in performing and providing the Services during the month for which it is paid (such twenty hours are referred to herein as the “Retainer Cap”), and Xxxxxxx will not be entitled to any hourly fee described in Section 4(b) below, or otherwise, for any hours expended during such month which are within such Retainer Cap. For clarity, Xxxxxxx will be entitled to the Retainer Fee even if, during the month in question, he expends a number of hours that are less than the amount of the Retainer Cap, including any month in which he is not requested by the Company to expend any hours in providing Service. For each hour in excess of the amount of the Retainer Cap that Xxxxxxx expends in providing and performing the Services during any month of the Term, the Company will pay to Xxxxxxx an hourly consulting fee of $125 (the “Hourly Fee”). The Hourly Fee, if any, due for a month shall be paid on orbefore the 15th day of the following month. If Xxxxxxx expends hours in excess of the Retainer Cap during any month he will submit an itemized accounting of such hours to the Company on or before the 5th business day of the following month. (c) (d) (e) (f) To the extent that any of the presently outstanding Stock Options (as specified on Exhibit “A” hereto) that have been granted to Xxxxxxx by the Company on or before the Effective Date are not fully exercised by Xxxxxxx within three months of November 10, 2014 (the date upon which Xxxxxxx resigned his position as President and CEO of the Company, as provided in Recital B hereto), then the Company hereby extends such Stock Option or Options as outstanding, authorized and fully exercisable non-incentive stock options of the Company (the “Extended Options”). The Extended Options shall be and remain fully exercisable in accordance with their present terms and conditions (other than those that provide that such stock options will terminate if notexercised within three months of the termination of Xxxxxxx’x employment with the Company) during the entire Term of this Agreement and for a period of three (3) months following the date of the expiration or term...
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Fees Compensation and Expenses 
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Related to Fees Compensation and Expenses

  • Compensation and Expenses (a) In consideration of AFD’s services hereunder, the Fund agrees to pay AFD the fees set forth in Schedule B, attached hereto. The Service Fee set forth on Schedule B may be offset by any fees and charges collected and retained by AFD as set forth below: (i) any applicable sales charge assessed upon investors in connection with the purchase of Shares; (ii) from the Fund, any applicable contingent deferred sales charge ("CDSC") assessed upon investors in connection with the redemption of Shares; (iii) from the Fund, the distribution service fees with respect to the Shares of those classes as designated in Schedule A for which a Plan is effective (the "Distribution Fee"); and (iv) from the Fund, the shareholder service fees with respect to the Shares of those Classes as designated in Schedule A for which a Service Plan is effective (the "Shareholder Service Fee"). (b) The Distribution Fee and Shareholder Service Fee, if any, shall be accrued daily by the Trust or class thereof and shall be paid monthly as promptly as possible after the last day of each calendar month but in any event on or before the fifth (5th) Fund Business Day after month-end, at the rate or in the amounts set forth in the Plan(s). The Trust grants and transfers to AFD a general lien and security interest in any and all securities and other assets of the Trust now or hereafter maintained in an account at the Trust’s custodian on behalf of the Trust to secure any Distribution Fees, Shareholder Service Fees, or other fees owed AFD by the Trust under this Agreement. (c) The Trust shall be responsible and assumes the obligation for payment of all the expenses of the Trust, including fees and disbursements of its counsel and auditors, in connection with the preparation and filing of the Registration Statement and Prospectus (including but not limited to the expense of setting in type the Registration Statement and Prospectus and printing sufficient quantities for internal compliance, regulatory purposes and for distribution to current shareholders). The Trust shall bear the cost and expenses (i) of the registration of the Shares for sale under the Securities Act; (ii) of the registration or qualification of the Shares for sale under the securities laws of the various States; (iii) if necessary or advisable in connection therewith, of qualifying the Funds, (but not AFD) as an issuer or as a broker or dealer, in such States as shall be selected by the Trust and AFD pursuant to Section 6(c) hereof; (iv) payable to each State for continuing registration or qualification therein until the Funds decide to discontinue registration or qualification pursuant to Section 6(c) hereof; and (v) payable for standard transmission costs, including costs imposed by the National Securities Clearing Corporation. AFD shall pay all expenses relating to AFD's broker-dealer qualification.

  • Compensation and Expense Reimbursement A. Client will pay the Company, as compensation for the services provided for in this Agreement and as reimbursement for expenses incurred by Company on Client's behalf, in the manner set forth in Schedule A annexed to this Agreement which Schedule is incorporated herein by reference. B. In addition to the compensation and expense reimbursement referred to in Section 2(A) above, Company shall be entitled to receive from Client a "Transaction Fee", as a result of any Transaction (as described below) between Client and any other company, entity, person, group or persons or other party which is introduced to, or put in contact with, Client by Company, or by which Client has been introduced to, or has been put in contact with, by Company. A "Transaction" shall mean merger, sale of stock, sale of assets, consolidation or other similar transaction or series or combination of transactions whereby Client or such other party transfer to the other, or both transfer to a third entity or person, stock, assets, or any interest in its business in exchange for stock, assets, securities, cash or other valuable property or rights, or wherein they make a contribution of capital or services to a joint venture, commonly owned enterprise or business opportunity with the other for purposes of future business operations and opportunities. To be a Transaction covered by this section, the transaction must occur during the term of this Agreement or the one year period following the expiration of this Agreement. The calculation of a Transaction Fee shall be based upon the total value of the consideration, securities, property, business, assets or other value given, paid, transferred or contributed by, or to, the Client and shall equal 5% of the dollar value of the Transaction. Such fee shall be paid by certified funds at the closing of the Transaction.

  • Compensation; Payment of Fees and Expenses As compensation for the performance of the Administrator’s obligations under this Agreement, the Administrator shall be entitled to receive $2,500 annually, which shall be solely an obligation of the Servicer; provided, however, notwithstanding the foregoing, such compensation shall in no event exceed the Servicing Fee for the related annual period. The Administrator shall pay all expenses incurred by it in connection with its activities hereunder.

  • Compensation Benefits and Expenses During the Term, the Bank shall compensate the Executive for his services as provided in this Section 3. Unless otherwise determined by the Company Board, all payments and benefits provided in this Agreement shall be paid or provided solely by the Bank. Notwithstanding anything in this Agreement to the contrary, no provision of this Agreement shall be construed so as to result in the duplication of any payment or benefit. Unless otherwise determined by the Company Board, the Company’s sole obligation under this Agreement shall be to unconditionally guarantee the payment and provision of all amounts and benefits due hereunder to Executive, and the affirmative obligations of the Company as set forth at Section 3(h), herein, with respect to Indemnification, and, if such amounts and benefits due from the Bank are not timely paid or provided by the Bank, such amounts and benefits shall be paid or provided by the Company.

  • Compensation and Expenses; Covenant (a) In return for the Services, the Administrator shall earn administration fees and expense reimbursements in the form of Class A shares of the Issuer equal to 1.5% of the total Class A shares outstanding or for which subscriptions have been received, per annum, after giving effect to such issuance, issued on a quarterly basis in arrears, commencing on the date of the final closing of the Offering or the date of an earlier closing if, as of such earlier closing date, the Offering is fully subscribed and at least 95% of the subscription proceeds have been received by the Company. These Class A shares will be subject to vesting provisions set forth in Section 6 hereof. For the avoidance of doubt, no fees or expense reimbursements in the form of Class A shares shall be earned for any period prior to the final closing of the Offering (or the date on which at least 95% of the Class A shares offered have been issued). (b) Subject to Section 6 hereof, the Class A shares shall be earned ratably on the basis of a 360- day year comprised of twelve (12) thirty (30) day months. If and when the Painting is sold, the Class A shares actually earned by the Administrator (based on the number of days elapsed between the Effective Date and the date to and excluding the date of consummation of the sale of the Painting) and the number of Class A shares actually received by the Administrator and any excess Class A shares received by the Administrator, if any, shall be refunded to the Issuer, as applicable, and any shortfall payable or issuable to the Administrator shall be issued to the Administrator on or immediately prior to consummation of the sale of the Painting. (c) In addition to the Class A shares, in connection with the provision of the Non-Routine Services, the Issuer shall reimburse the Administrator for all out-of-pocket costs, expenses and payments incurred or made by the Administrator in connection with such Non-Routine Services, provided, the reimbursement obligation shall be suspended (without interest or penalty) until the Painting is sold. (d) Masterworks may determine to sell the Painting without engaging a third-party intermediary, in which event, the Administrator would charge the buyer of the Painting a reasonable fee not to exceed the lowest published buyer’s premium charged by Sotheby’s, Christie’s or Pxxxxxxx in effect at such time. (e) For so long as this Agreement remains in effect, Administrator covenants to maintain on hand cash reserves sufficient to pay at least one year of estimated expenses to satisfy its obligations under this Agreement and the commitment from the Administrator to fund the operations of the Issuer and the maintenance of the Painting until the sale of the Painting.

  • ALPS Compensation; Expenses (a) ALPS will bear all expenses in connection with the performance of its services under this Agreement, except as otherwise provided herein. ALPS will not bear any of the costs of Fund personnel. Other Fund expenses incurred shall be borne by the Fund or the Fund’s investment adviser, including, but not limited to, initial organization and offering expenses; the blue sky registration and qualification of Shares for sale in the various states in which the officers of the Fund shall determine it advisable to qualify such Shares for sale (including registering the Fund as a broker or dealer or any officer of the Fund as agent or salesman in any state); litigation expenses; taxes; costs of preferred shares; expenses of conducting repurchase offers for the purpose of repurchasing Fund shares; administration, transfer agency, and custodial expenses; interest; Fund directors’ or trustees’ fees; brokerage fees and commissions; state and federal registration fees; advisory fees; insurance premiums; fidelity bond premiums; Fund and investment advisory related legal expenses; costs of maintenance of Fund existence; printing and delivery of materials in connection with meetings of the Fund’s directors or trustees; printing and mailing of shareholder reports, prospectuses, statements of additional information, other offering documents and supplements, proxy materials, and other communications to shareholders; securities pricing data and expenses in connection with electronic filings with the U.S. Securities and Exchange Commission (the “SEC”).

  • Remuneration and Expenses The directors shall be paid such remuneration for their services as the board may from time to time determine. The directors shall also be entitled to be reimbursed for travelling and other expenses properly incurred by them in attending meetings of the board or any committee thereof. Nothing herein contained shall preclude any director from serving the Corporation in any other capacity and receiving remuneration therefor.

  • Section 607 Compensation and Reimbursement The Company agrees

  • Directors’ Fees and Expenses All compensation of directors, other than those affiliated with the Manager, and all expenses incurred in connection with their service;

  • Compensation and Expenses of Trustee The Company covenants and agrees to pay to the Trustee, in any capacity under this Indenture, from time to time, and the Trustee shall receive such compensation for all services rendered by it hereunder in any capacity (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) as mutually agreed to in writing between the Trustee and the Company, and the Company will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances reasonably incurred or made by the Trustee in accordance with any of the provisions of this Indenture in any capacity thereunder (including the reasonable compensation and the expenses and disbursements of its agents and counsel and of all Persons not regularly in its employ) except any such expense, disbursement or advance as shall have been caused by its gross negligence or willful misconduct as determined by a final, non-appealable decision of a court of competent jurisdiction. The Company also covenants to indemnify the Trustee in any capacity under this Indenture and any other document or transaction entered into in connection herewith and its officers, directors, employees and agents and any authenticating agent for, and to hold them harmless against, any loss, claim (whether asserted by the Company, a Holder or any Person), damage, liability or expense incurred without gross negligence or willful misconduct on the part of the Trustee, its officers, directors, agents or employees, or such agent or authenticating agent, as the case may be, as determined by a final, non-appealable decision of a court of competent jurisdiction, and arising out of or in connection with the acceptance or administration of this Indenture or in any other capacity hereunder, including the costs and expenses of defending themselves against any claim of liability in the premises or the enforcement of this Section 7.06. The obligations of the Company under this Section 7.06 to compensate or indemnify the Trustee and to pay or reimburse the Trustee for expenses, disbursements and advances shall be secured by a senior lien to which the Notes are hereby made subordinate on all money or property held or collected by the Trustee, except, subject to the effect of Section 6.05, funds held in trust herewith for the benefit of the Holders of particular Notes, and, for the avoidance of doubt, such lien shall not be extended in a manner that would conflict with the Company’s obligations to its other creditors. The Trustee’s right to receive payment of any amounts due under this Section 7.06 shall not be subordinate to any other liability or indebtedness of the Company. The obligation of the Company under this Section 7.06 shall survive the satisfaction and discharge of this Indenture and the earlier resignation or removal of the Trustee. The Company need not pay for any settlement made without its consent, which consent shall not be unreasonably withheld. The indemnification provided in this Section 7.06 shall extend to the officers, directors, agents and employees of the Trustee. Without prejudice to any other rights available to the Trustee under applicable law, when the Trustee and its agents and any authenticating agent incur expenses or render services after an Event of Default specified in Section 6.01(h) or Section 6.01(i) occurs, the expenses and the compensation for the services are intended to constitute expenses of administration under any bankruptcy, insolvency or similar laws.

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