Common use of Indenture Trustee’s Fees and Expenses Clause in Contracts

Indenture Trustee’s Fees and Expenses. The Indenture Trustee, if not paid by the Manager, will be entitled to receive, pursuant to the priority of payments set forth in Section 302 hereof, (A) (i) reasonable compensation for its services as Indenture Trustee and (ii) reimbursement for expenses, disbursements and advances in its capacity as Indenture Trustee (the foregoing clauses (i) and (ii) collectively, the “Indenture Trustee Fee”) and (B) indemnification for Indenture Trustee Indemnified Amounts. The obligations of the Issuer under this Section 905 to compensate the Indenture Trustee, to pay or reimburse the Indenture Trustee for expenses, disbursements and advances and to indemnify and hold harmless, the Indenture Trustee shall constitute Outstanding Obligations hereunder and shall survive the resignation or removal of the Indenture Trustee and the satisfaction and discharge of this Indenture. When the Indenture Trustee incurs expenses or renders services in connection with an Event of Default specified in Section 801(vii) or Section 801(viii), the expenses and the compensation for the services are intended to constitute expenses of administration under any bankruptcy law.

Appears in 2 contracts

Samples: Director Services Agreement (SeaCube Container Leasing Ltd.), Indenture (Seacastle Inc.)

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Indenture Trustee’s Fees and Expenses. The Indenture Trustee, if not paid by the Manager, Trustee will be entitled to receive, pursuant to the priority of payments set forth in Section 302 hereof, (A) (i) reasonable compensation for its services as Indenture Trustee and (ii) reimbursement for expenses, disbursements and advances in its capacity as Indenture Trustee (the foregoing clauses (i) and (ii) collectively, the “Indenture Trustee Fee”) and (B) indemnification for Indenture Trustee Indemnified Amounts. The obligations of the Issuer under this Section 905 to compensate the Indenture Trustee, to pay or reimburse the Indenture Trustee for expenses, disbursements and advances and to indemnify and hold harmless, the Indenture Trustee shall constitute Outstanding Obligations hereunder and shall survive the resignation or removal of the Indenture Trustee and the satisfaction and discharge of this Indenture. When the Indenture Trustee incurs expenses or renders services in connection with an Event of Default specified in Section 801(vii) or Section 801(viii), the expenses and the compensation for the services are intended to constitute expenses of administration under any bankruptcy law.

Appears in 1 contract

Samples: Qualified Institutional Buyers (SeaCube Container Leasing Ltd.)

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Indenture Trustee’s Fees and Expenses. The fees ("Indenture TrusteeTrustee Fees") of the Indenture Trustee shall be paid by the Issuer in accordance with Section 302 hereof and shall in no event exceed $12,000 per year. Subject to the provisions of Section 902(iii) hereof, if the Issuer shall, to the extent not paid by the Manager, will be entitled to receive, pursuant to indemnify the priority of payments set forth in Section 302 hereof, (A) (i) reasonable compensation for its services as Indenture Trustee and (ii) reimbursement for expenseseach of its officers, disbursements directors and advances employees for, and hold them harmless against, any loss, liability, damage claim or expense incurred without negligence or willful misconduct on their part, arising out of or in connection with the acceptance or administration of this trust, including the costs and expenses of defending itself both individually and in its representative capacity as Indenture Trustee against any claim or liability in connection with the exercise or performance of any of its powers or duties hereunder (the foregoing clauses (i) and (ii) collectively, the “Indenture Trustee Fee”) and (B) indemnification for "Indenture Trustee Indemnified Amounts"). The obligations of the Issuer under this Section 905 to compensate the Indenture Trustee, to pay or reimburse the Indenture Trustee for expenses, disbursements and advances and to indemnify and hold harmless, the Indenture Trustee shall constitute Outstanding Obligations hereunder and shall survive the resignation or removal of the Indenture Trustee and the satisfaction and discharge of this Indenture. When the Indenture Trustee incurs expenses or renders services in connection with an Event of Default specified in Section 801(vii801(v) or Section 801(viii801(vi), the expenses and the compensation for the services are intended to constitute expenses of administration under any bankruptcy law.

Appears in 1 contract

Samples: Indenture (BRL Universal Equipment Corp)

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