Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 21. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 10 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 61), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 65), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 69)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit Deposit; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 16.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2117. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 2318. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units."
Appears in 6 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 73), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 52), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 76)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through throutgh a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12.
Appears in 4 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 49), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 47), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 55)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12.
Appears in 3 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 66), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 62), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 58)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 2329. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units."
Appears in 2 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 64), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 50)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12. 32.
Section 5.02 of the Standard Terms and Conditions of Trust shall be amended by adding the following to the end of such Section: "Notwithstanding anything to the contrary herein, unless a Unitholder properly makes an affirmative election to the contrary as specified in the Prospectus, each Unitholder will be deemed to have tendered all Units then owned for redemption to the Trustee on the first Special Redemption Date and shall have such Units redeemed on such date as provided herein." In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Xxxxx Xxreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Van Xxxxxx Xxerican Capital Investment Advisory Corp., have each xxxxxx xhis Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the Secretary, Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxxxtors, Inc. By James J. Boyne Vice Presidxxx, Xxxxxxxxx General Counsel and Assistant Secretary Attest:
Appears in 2 contracts
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 68), Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 81)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. .
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 21. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 71)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 12.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except except as provided in Sections 3.01 and 3.05," 2113. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Truxx Xxxxxxxnt to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Principxx Xxxxxxxal Securities, Inc., have each caused this Trust Indenture and Agreement to be executed by their respective President or other officer and the contrary hereincorporate seal of each to be hereto affixed and attested to by the Secretary, the annual audit Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Trust's accounts described in Section 6.02 shall not be requiredday, month and year first above written. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereofVan Kampen American Capital Xxxxxxxxxors, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."Inc. By Sandra A. Waterworth Vice Pxxxxxxxx Xxxxxx:
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 23)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2013. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2114. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2215. Notwithstanding anything to The first paragraph of Section 3.11 is hereby stricken and replaced by the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Sectionfollowing: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Series)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2014. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2115. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 45)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2013. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2114. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2215. Notwithstanding anything to the contrary hereinin the Standard Terms and Conditions of Trust Zero Coupon Obligations may be sold to pay the fees, the annual audit expenses and charges of the Trust's accounts described in Section 6.02 Van Kampen American Capital Blue Chip Opportunity and Trxxxxxx Xxxxt, provided, however, that the principal value of such Zero Coupon Obligations shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its booksreduced below $11 per Unit."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 59)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12. 32.
Section 5.02 of the Standard Terms and Conditions of Trust shall be amended by adding the following to the end of such Section: "Notwithstanding anything to the contrary herein, unless a Unitholder properly makes an affirmative election to the contrary as specified in the Prospectus, each Unitholder will be deemed to have tendered all Units then owned for redemption to the Trustee on the first Special Redemption Date and shall have such Units redeemed on such date as provided herein." In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Xxxxx Xxreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Van Xxxxxx Xxerican Capital Investment Advisory Corp., have each xxxxxx xhis Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the Secretary, Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxxutors, Inc. By James J. Boyne Vice Presixxxx, Xxxxxxxxe General Counsel and Assistant Secretary Attest: By Cathy Napoli Assistant Secretary
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 74)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2018. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except except as provided in Sections 3.01 and 3.05," 2119. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2220. Notwithstanding anything to the contrary herein, the annual audit The first paragraph of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed 3.11 is hereby stricken and replaced by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."following: Section
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 20)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding Nothwithstanding anything to the contrary hereinin the Standard Terms and Conditions of Trust, the annual audit deductions specified in Section 3.05(a) shall be deducted from the Capital Account of the related Trust's accounts described in Section 6.02 ; deductions from the Income Account of a Trust shall not be requiredmade for purposes of such Section. 23The preceding sentence, shall not affect any right of the Trustee to sell Securities or any lien on a Trust otherwise created hereby. 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through throutgh a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units."" In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused thxx Xxxxx Agreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Vxx Xxxxxx American Capital Investment Advisory Corp., have eaxx xxxxxx this Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the Secretary, Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxbutors, Inc. By Sandra A. Waterworth Vicx Xxxxxxxxx Xxxxxx:
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 44)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2023. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2124. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 2325. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 51)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding Nothwithstanding anything to the contrary hereinin the Standard Terms and Conditions of Trust, the annual audit deductions specified in Section 3.05(a) shall be deducted from the Capital Account of the related Trust's accounts described in Section 6.02 ; deductions from the Income Account of a Trust shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence made for purposes of such Section: ". The number of Units may be increased through a split preceding sentence, shall not affect any right of the Units Trustee to sell Securities or decreased through any lien on a reverse split thereofTrust otherwise created hereby. In Witness Whereof, as directed Xxx Xxxxxx American Capital Distributors, Inc. has caused this Trust Agreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Xxx Xxxxxx American Capital Investment Advisory Corp., and Xxx Xxxxxx American Capital Investment Advisory Corp., have each caused this Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the DepositorSecretary, on any day on which Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Depositor is the only Unitholderday, which revised number month and year first above written. Xxx Xxxxxx American Capital Distributors, Inc. By Xxxxxx X. Xxxxxxxxxx Vice President Attest: By Xxxx X. Xxxxxxx Assistant Secretary American Portfolio Evaluation Services, a division of Units shall be recorded by the Trustee on its books."Xxx Xxxxxx American Capital Investment Advisory Corp. By Xxxxxx X. XxXxxxxxx President Attest By Xxxxx X. Xxxxxx Assistant Secretary Xxx Xxxxxx American Capital Investment Advisory Corp. By Xxxxxx X. XxXxxxxxx President Attest By Xxxxx X. Xxxxxx Assistant Secretary The Bank of New York
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 28)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 12.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except except as provided in Sections 3.01 and 3.05," 2113. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything In Witness Whereof, Xxx Xxxxxx American Capital Distributors, Inc. has caused this Trust Agreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Xxx Xxxxxx American Capital Investment Advisory Corp., and Principal Financial Securities, Inc., have each caused this Trust Indenture and Agreement to be executed by their respective President or other officer and the contrary hereincorporate seal of each to be hereto affixed and attested to by the Secretary, the annual audit Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Trust's accounts described in Section 6.02 shall not be requiredday, month and year first above written. 23Xxx Xxxxxx American Capital Distributors, Inc. By Xxxxxx X. Xxxxxxxxxx Vice President Attest: By Xxxx X. Xxxxxxx Assistant Secretary American Portfolio Evaluation Services, a division of Xxx Xxxxxx American Capital Investment Advisory Corp. By Xxxxxx X. XxXxxxxxx President Attest: By Xxxxx X. Xxxxxx Assistant Secretary First of Michigan Corporation By Xxxxx Xxxxxx, Xx. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence President Attest: By Xxxxxx X. Xxxxx Treasurer The Bank of such SectionNew York By Xxxxxxx Xxxxxxxx Vice President Attest: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."By Xxxxxxx Xxxxx Assistant Treasurer
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 27)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 21. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 86)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 2013. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2114. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 2315. Section 2.03(a3.07(f) shall be amended by adding the following sentence immediately after the first sentence of such Sectionand (g) are hereby revised and a new subsection (h) is hereby added as follows: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 82)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 12.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except except as provided in Sections 3.01 and 3.05," 2113. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2214. Notwithstanding anything to the contrary hereinArticle IV, the annual audit Section 4.01(b) of the Trust's accounts described Standard Terms and Conditions of Trust is hereby deleted and replaced in Section 6.02 shall not be required. 23. Section 2.03(a) shall be amended by adding its entirety with the following sentence immediately after the first sentence of such Sectionfollowing: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 67)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. Section 6.01(i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 21. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything to the contrary herein, the annual audit of the Trust's accounts described in Section 6.02 shall not be required. 23. Section 2.03(a) shall In Witness Whereof, Xxx Xxxxxx American Capital Distributors, Inc. has caused this Trust Agreement to be amended executed by adding one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Xxx Xxxxxx American Capital Investment Advisory Corp., and Xxx Xxxxxx American Capital Investment Advisory Corp., have each caused this Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the following sentence immediately after corporate seal of each to be hereto affixed and attested to by the first sentence Secretary, Assistant Secretary or one of such Section: "their respective Vice Presidents or Assistant Vice Presidents and The number Bank of Units may New York, has caused this Trust Agreement to be increased through a split executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Units or decreased through a reverse split thereofday, as directed by the Depositormonth and year first above written. Xxx Xxxxxx American Capital Distributors, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."Inc. By Xxxxxx X. Xxxxxxxxxx Vice President Attest:
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 25)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 12.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except except as provided in Sections 3.01 and 3.05," 2113. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Xxxxx Xxxeement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Whexx Xxxxx Xutcher Singer, have each caused this Trust Indenture and Agreement to be executed by their respective President or other officer and the contrary hereincorporate seal of each to be hereto affixed and attested to by the Secretary, the annual audit Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Trust's accounts described in Section 6.02 shall not be requiredday, month and year first above written. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence Van Kampen American Capital Xxxxxibutors, Inc. By Sandra A. Waterworth Vixx Xxxxxxxxx Xxxxxx: By Gina M. Scumaci Assistant Secretary Xxxxxcan Portfolio Evaluation Services, a division of such Section: "Van Kampen American Capxxxx Xxxxxtment Advisory Corp. By Dennis J. McDonnell Prexxxxxx Xxxxxx Xx Xxott E. Martin Assistant Secretary Wheat First Butcher Singer By Mark M. Gambill Chairman ox Xxxxxxx Xxxxxts Attest By Carolyn Jones Assistant Secretary The number Bank of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."New York By Jeffrey Bieselin Vice Presxxxxx Xxxxxx Xx Norbert Loney Assistant Treasurer
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 18)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12. 32.
Section 5.02 of the Standard Terms and Conditions of Trust shall be amended by adding the following to the end of such Section: "Notwithstanding anything to the contrary herein, unless a Unitholder properly makes an affirmative election to the contrary as specified in the Prospectus, each Unitholder will be deemed to have tendered all Units then owned for redemption to the Trustee on the first Special Redemption Date and shall have such Units redeemed on such date as provided herein." In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Xxxxx Xxreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Van Xxxxxx Xxerican Capital Investment Advisory Corp., have each xxxxxx xhis Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the Secretary, Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxxxxxrs, Inc. By James J. Boyne Vice Presidenx, Xxxxxxxxx Xeneral Counsel and Assistant Secretary
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 78)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 22. Notwithstanding anything In Witness Whereof, Xxx Xxxxxx American Capital Distributors, Inc. has caused this Trust Agreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Xxx Xxxxxx American Capital Investment Advisory Corp., and Xxx Xxxxxx American Capital Investment Advisory Corp., have each caused this Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the contrary hereincorporate seal of each to be hereto affixed and attested to by the Secretary, the annual audit Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the Trust's accounts described in Section 6.02 shall not be requiredday, month and year first above written. 23. Section 2.03(a) shall be amended by adding the following sentence immediately after the first sentence of such Section: "The number of Units may be increased through a split of the Units or decreased through a reverse split thereofXxx Xxxxxx American Capital Distributors, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books."Inc. By Xxxxxx X. Xxxxxxxxxx Vice President Attest:
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 22)
Initial Costs. The following organization and regular and recurring expenses of the Trust shall be borne by the Trustee: (a) to the extent not borne by the Depositor, expenses incurred in establishing a Trust, including the cost of the initial preparation and typesetting of the registration statement, prospectuses (including preliminary prospectuses), the indenture, and other documents relating to the Trust, Securities and Exchange Commission and state blue sky registration fees, the costs of the initial valuation of the portfolio and audit of the Trust, the initial fees and expenses of the Trustee, and legal and other out-of-pocket expenses related thereto, but not including the expenses incurred in the printing of preliminary prospectuses and prospectuses, expenses incurred in the preparation and printing of brochures and other advertising materials and any other selling expenses, (b) the amount specified in Section 3.05 and Article VIII, (c) to the extent permitted by Section 6.02, auditing fees and, to the extent not borne by the Depositor, expenses incurred in connection with maintaining the Trust's registration statement current with Federal and State authorities, (d) any Certificates issued after the Initial Date of Deposit ; and (e) expenses of any distribution agent. The Trustee shall be reimbursed for those organizational expenses referred to in clause (a) as provided in the Prospectus. 20. 27.
Section 6.01(i6.01 (i) of the Standard Terms and Conditions of Trust shall be amended by adding the following to the beginning of such Section: "Except as provided in Sections 3.01 and 3.05," 2128. Section 8.04 is hereby amended by deleting the first word of such Section and replacing it with the following: "Except as provided in Sections 3.01 and 3.05, the" 2229. Notwithstanding anything Section 3.05
(a) is hereby replaced with the following: "
(a) On or immediately after the tenth the day of each month, the Trustee shall satisfy itself as to the contrary hereinadequacy of the Reserve Account, making any further credits thereto as may appear appropriate in accordance with Section 3.04 and shall then with respect to each Trust: (i) deduct from the Capital Account and pay to itself individually the amounts that it is at the time entitled to receive pursuant to Section 6.04; (ii) deduct from the Capital Account and pay to, or reserve for, the annual audit Evaluator the amount that it is at the time entitled to receive pursuant to Section 4.03; (iii) deduct from the Capital Account and pay to counsel, as hereinafter provided for, an amount equal to unpaid fees and expenses, if any, of such counsel pursuant to Section 3.08, as certified to by the Trust's accounts described in Depositor; and (iv) deduct from the Capital Account and pay to, or reserve for, the Supervisory Servicer the amount that it is entitled to receive pursuant to Section 6.02 shall not be required. 233.13." 30. Section 2.03(a) shall be amended replaced in its entirety by adding the following sentence immediately after the first sentence of such Sectionfollowing: "
(a) The Trustee hereby acknowledges receipt of the deposit of the Securities listed in the Schedules to the Trust Agreement and referred to in Section 2.01 hereof and, simultaneously with the receipt of said deposit, has recorded on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units specified in the Trust Agreement and has delivered, or on the order of the Depositor will deliver, in exchange for such Securities, documentation evidencing the ownership of the number of Units specified and, if such Units are represented by a Certificate, such Certificate substantially in the form above recited, representing the ownership of those Units. The number of Units may be increased through a split of the Units or decreased through a reverse split thereof, as directed by the Depositor, on any day on which the Depositor is the only Unitholder, which revised number of Units shall be recorded by the Trustee on its books. The Trustee hereby agrees that on the date of any Supplemental Indenture it shall acknowledge that the additional Securities identified therein have been deposited with it by recording on its books the ownership, by the Depositor or such other person or persons as may be indicated by the Depositor, of the aggregate number of Units to be issued in respect of such additional Securities so deposited, and shall, if so requested, execute a Certificate or Certificates substantially in the form above recited representing the ownership of an aggregate number of those Units." 31. Section 2.01(b) is hereby replaced with the following: (b) From time to time following the Initial Date of Deposit, the Depositor is hereby authorized, in its discretion, to assign, convey to and deposit with the Trustee (i) additional Securities, duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or Contract Obligations relating to such Securities), and/or (ii) cash (or a Letter of Credit in lieu of cash) with instructions to purchase additional Securities, in an amount equal to the portion of the Unit Value of the Units created by such deposit attributable to the Securities to be purchased pursuant to such instructions. Such deposit of additional Securities or cash with instructions to purchase additional Securities shall be made, in each case, pursuant to a Supplemental Indenture accompanied by a legal opinion issued by legal counsel satisfactory to the Depositor. Instructions to purchase additional Securities shall be in writing, and shall specify the name of the Security, CUSIP number, if any, aggregate amount, price or price range and date to be purchased. When requested by the Trustee, the Depositor shall act as broker to execute purchases in accordance with such instructions; the Depositor shall be entitled to compensation therefor in accordance with applicable law and regulations. The Trustee shall have no liability for any loss or depreciation resulting from any purchase made pursuant to the Depositor's instructions or made by the Depositor as broker, except by reason of its own negligence, lack of good faith or willful misconduct. In connection with any deposit pursuant to this Section 2.01(b) in the Select Equity and Treasury Trust, the Depositor shall be obligated to determine that the maturity value of the Zero Coupon Obligations included in the deposit, divided by the number of Units created by reason of the deposit, shall equal at least $10.00. The Depositor, in each case, shall ensure that each deposit of additional Securities pursuant to this Section shall be, as nearly as is practicable, in the identical ratio as the Percentage Ratio for such Securities as is specified in the Trust Agreement for each Trust. The Depositor shall deliver the additional Securities which were not delivered concurrently with the deposit of additional Securities and which were represented by Contract Obligations within 10 calendar days after such deposit of additional Securities (the "Additional Securities Delivery Period"). If a contract to buy such Securities between the Depositor and seller is terminated by the seller thereof for any reason beyond the control of the Depositor or if for any other reason the Securities are not delivered to the Trust by the end of the Additional Securities Delivery Period for such deposit, the Trustee shall immediately draw on the Letter of Credit, if any, in its entirety, apply the moneys in accordance with Section 2.01(d), and the Depositor shall forthwith take the remedial action specified in Section 3.12. If the Depositor does not take the action specified in Section 3.12 within 10 calendar days of the end of the Additional Securities Delivery Period, the Trustee shall forthwith take the action specified in Section 3.12. 32.
Section 5.02 of the Standard Terms and Conditions of Trust shall be amended by adding the following to the end of such Section: "Notwithstanding anything to the contrary herein, unless a Unitholder properly makes an affirmative election to the contrary as specified in the Prospectus, each Unitholder will be deemed to have tendered all Units then owned for redemption to the Trustee on the first Special Redemption Date and shall have such Units redeemed on such date as provided herein." In Witness Whereof, Van Kampen American Capital Distributors, Inc. has caused this Xxxxx Xxreement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Van Xxxxxx Xxerican Capital Investment Advisory Corp., have each xxxxxx xhis Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of each to be hereto affixed and attested to by the Secretary, Assistant Secretary or one of their respective Vice Presidents or Assistant Vice Presidents and The Bank of New York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxxxtors, Inc. By James J. Boyne Vice Presidxxx, Xxxxxxxxx General Counsel and Assistant Secretary
Appears in 1 contract
Samples: Trust Agreement (Van Kampen American Capital Equity Opportunity Trust Ser 83)
