Common use of INVESTMENT ADVISORY AND MANAGEMENT FEE Clause in Contracts

INVESTMENT ADVISORY AND MANAGEMENT FEE. (a) The Company shall not pay to the Adviser any compensation for the investment management and advisory services furnished or provided to the Company pursuant to this Agreement. (b) The Adviser voluntarily may reduce any portion of the reimbursement of expenses due to it pursuant to this Agreement and may agree to make payments to limit the expenses which are the responsibility of the Company under this Agreement. Any such reduction or payment shall be applicable only to such specific reduction or payment and shall not constitute an agreement to reduce any future reimbursement due to the Adviser hereunder or to continue future payments. Any such reduction will be agreed upon prior to accrual of the related expense and will be estimated daily. Any Company expense paid by the Adviser voluntarily or pursuant to an agreed expense limitation shall be reimbursed by the Company to the Adviser in the first, second, or third (or any combination thereof) fiscal year next succeeding the fiscal year of the withholding, reduction, or payment to the extent permitted by applicable law and only if such reimbursements by the Company (i) are requested by the Adviser, (ii) are approved by the Company’s Board of Directors, and (iii) can be achieved within the Company’s then current expense limits, if any, for that succeeding first, second, or third fiscal year as the case may be; provided that such reimbursements shall only be paid after the Company’s current expenses of the fiscal year have been paid and if such reimbursements do not require the Adviser to pay current Company expenses. (c) The Adviser may agree not to require payment of any portion of the reimbursement of expenses otherwise due to it pursuant to this Agreement prior to the time such reimbursement has accrued as a liability of the Company. Any such agreement shall be applicable only with respect to the specific items covered thereby and shall not constitute an agreement not to require payment of any future compensation or reimbursement due to the Adviser hereunder.

INVESTMENT ADVISORY AND MANAGEMENT FEE. (a) The Company Fund shall not pay to the Adviser any compensation for the investment management and advisory services furnished or provided to the Company Fund pursuant to this Agreement. (b) The Adviser voluntarily may reduce any portion of the reimbursement of expenses due to it pursuant to this Agreement and may agree to make payments to limit the expenses which are the responsibility of the Company Fund under this Agreement. Any such reduction or payment shall be applicable only to such specific reduction or payment and shall not constitute an agreement to reduce any future reimbursement due to the Adviser hereunder or to continue future payments. Any such reduction will be agreed upon prior to accrual of the related expense and will be estimated daily. Any Company Fund expense paid by the Adviser voluntarily or pursuant to an agreed expense limitation shall be reimbursed by the Company Fund to the Adviser in the first, second, or third (or any combination thereof) fiscal year next succeeding the fiscal year of the withholding, reduction, or payment to the extent permitted by applicable law and only if such reimbursements by the Company Fund (i) are requested by the Adviser, (ii) are approved by the CompanyFund’s Board of Directors, and (iii) can be achieved within the CompanyFund’s then current expense limits, if any, for that succeeding first, second, or third fiscal year as the case may be; provided that such reimbursements shall only be paid after the CompanyFund’s current expenses of the fiscal year have been paid and if such reimbursements do not require the Adviser to pay current Company Fund expenses. (c) The Adviser may agree not to require payment of any portion of the reimbursement of expenses otherwise due to it pursuant to this Agreement prior to the time such reimbursement has accrued as a liability of the CompanyFund. Any such agreement shall be applicable only with respect to the specific items covered thereby and shall not constitute an agreement not to require payment of any future compensation or reimbursement due to the Adviser hereunder.

INVESTMENT ADVISORY AND MANAGEMENT FEE. (a) The Company Fund shall not pay to the Adviser any Advisor, and the Advisor agrees to accept, as full compensation for the all investment management and advisory services furnished or provided to such Fund pursuant to this Agreement, an annual management fee at the Company pursuant rate set forth in Schedule A to this Agreement. (b) The Adviser management fee shall be accrued daily by the Fund and paid to the Advisor on the first business day of the succeeding month. (c) All fees payable to the Advisor under this Section 7 shall be accrued daily and paid by the Fund to an interest-bearing escrow account with the Fund’s custodian; provided that if the New Agreement is approved by a majority of the outstanding voting securities (as defined in the 1000 Xxx) of the Fund before the termination of this Agreement, all amounts paid by the Fund in the escrow account will be immediately payable to the Advisor along with the interest attributable to such amounts upon such approval; provided further, that if a majority of the outstanding voting securities of the Fund do not approve the New Agreement with respect to the Fund before the termination of this Agreement, the Advisor shall, upon termination of this Agreement, be entitled only to the lesser of: (i) the costs incurred in performing this Agreement with respect to the Fund plus interest earned on that amount while in escrow; or (ii) the total amount paid by the Fund to the escrow account plus interest earned on that amount.. (d) The fee payable to the Advisor under this Agreement will be reduced to the extent of any receivable owed by the Advisor to the Fund and as required under any expense limitation applicable to a Fund. (e) The Advisor voluntarily may reduce any portion of the compensation or reimbursement of expenses due to it pursuant to this Agreement and may agree to make payments to limit the expenses which are the responsibility of the Company a Fund under this Agreement. Any such reduction or payment shall be applicable only to such specific reduction or payment and shall not constitute an agreement to reduce any future compensation or reimbursement due to the Adviser Advisor hereunder or to continue future payments. Any such reduction will be agreed upon to prior to accrual of the related expense or fee and will be estimated daily. daily and reconciled and paid on a monthly basis. (f) Any Company expense such reductions made by the Advisor in its fees or payment of expenses which are the Fund’s obligation are subject to reimbursement by the Fund to the Advisor, if so requested by the Advisor, in subsequent fiscal years if the aggregate amount actually paid by the Adviser voluntarily or pursuant to an agreed Fund toward the operating expenses for such fiscal year (taking into account the reimbursement) does not exceed the applicable limitation on Fund expenses. Under the expense limitation shall be reimbursed by agreement, the Company to the Adviser Advisor may recoup reimbursements made in the first, second, or third (or any combination thereof) fiscal year next succeeding the fiscal year of the withholding, reduction, or payment Fund over the following three fiscal years. Any such reimbursement is also contingent upon Board of Trustees review and approval at time the reimbursement is made. Such reimbursement may not be paid prior to the extent permitted by applicable law and only if such reimbursements by the Company (i) are requested by the Adviser, (ii) are approved by the CompanyFund’s Board payment of Directors, and (iii) can be achieved within the Company’s then current expense limits, if any, for that succeeding first, second, or third fiscal year as the case may be; provided that such reimbursements shall only be paid after the Company’s current expenses of the fiscal year have been paid and if such reimbursements do not require the Adviser to pay current Company ordinary operating expenses. (cg) The Adviser Advisor may agree not to require payment of any portion of the compensation or reimbursement of expenses otherwise due to it pursuant to this Agreement prior to the time such reimbursement has accrued as a liability of the CompanyAgreement. Any such agreement shall be applicable only with respect to the specific items covered thereby and shall not constitute an agreement not to require payment of any future compensation or reimbursement due to the Adviser Advisor hereunder.

INVESTMENT ADVISORY AND MANAGEMENT FEE. (a) The Company Each Fund shall not pay to the Adviser any Manager, and the Manager agrees to accept, as full compensation for the all investment management and advisory services furnished or provided to the Company such Fund pursuant to this Agreement, a management fee as set forth in the Fee Schedule attached hereto as APPENDIX B, as may be amended in writing from time to time by the Trust and the Manager. (b) The Adviser management fee shall be accrued daily by each Fund and paid to the Manager monthly. (d) The Manager voluntarily may reduce any portion of the compensation or reimbursement of expenses due to it pursuant to this Agreement and may agree to make payments to limit the expenses which that are the responsibility of the Company a Fund under this Agreement. Any such reduction or payment shall be applicable only to such specific reduction or payment and shall not constitute an agreement to reduce any future compensation or reimbursement due to the Adviser Manager hereunder or to continue future payments. Any such reduction will be agreed upon prior to before accrual of the related expense or fee and will be estimated daily. Any Company fee withheld or voluntarily reduced and Fund expense paid by the Adviser Manager voluntarily or pursuant to an agreed upon expense limitation shall cap shall, to the extent approved by the Trust's disinterested Trustees, be reimbursed by the Company appropriate Fund to the Adviser Manager in the first, second, second or third (or any combination thereof) fiscal year next succeeding the fiscal year of the withholding, reduction, reduction or payment to the extent permitted by applicable law and only if such reimbursements by the Company (i) are requested by aggregate expenses for the Advisernext succeeding fiscal year, (ii) are approved by the Company’s Board of Directors, and (iii) can be achieved within the Company’s then current expense limits, if any, for that second succeeding first, second, fiscal year or third succeeding fiscal year as the case may be; provided that such reimbursements shall only be paid after the Company’s current expenses of the fiscal year have been paid and if such reimbursements do not require exceed the Adviser expense limitation to pay current Company expenseswhich the Manager has agreed. (ce) The Adviser Manager may agree not to require payment of any portion of the compensation or reimbursement of expenses otherwise due to it pursuant to this Agreement prior to the time such compensation or reimbursement has accrued as a liability of the CompanyFund. Any such agreement shall be applicable only with respect to the specific items covered thereby and shall not constitute an agreement not to require payment of any future compensation or reimbursement due to the Adviser Manager hereunder.

INVESTMENT ADVISORY AND MANAGEMENT FEE. (a) The Company Fund shall not pay to the Adviser, and the Adviser any agrees to accept, as full compensation for the investment management and advisory all services furnished or provided to such Fund pursuant to this Agreement, an annual management fee at the Company pursuant rate set forth in Schedule A to this Agreement. (b) The management fee shall be accrued daily by the Fund and paid to the Adviser on the first business day of the succeeding month. (c) All fees payable to the Adviser under this Section 7 shall be accrued daily and paid by the Fund to an interest-bearing escrow account with the Fund’s custodian; provided that if the New Agreement is approved by a majority of the outstanding voting securities (as defined in the Investment Company Act) of the Fund before the termination of this Agreement, all amounts paid by the Fund in the escrow account will be immediately payable to the Adviser along with the interest attributable to such amounts upon such approval; provided further, that if a majority of the outstanding voting securities of the Fund do not approve the New Agreement with respect to the Fund before the termination of this Agreement, the Adviser shall, upon termination of this Agreement, be entitled only to the lesser of: (i) the costs incurred in performing this Agreement with respect to the Fund plus interest earned on that amount while in escrow; or (ii) the total amount paid by the Fund to the escrow account plus interest earned on that amount.. (d) The fee payable to the Adviser under this Agreement will be reduced to the extent of any receivable owed by the Adviser to the Fund and as required under any expense limitation applicable to a Fund. (e) The Adviser voluntarily may reduce any portion of the compensation or reimbursement of expenses due to it pursuant to this Agreement and may agree to make payments to limit the expenses which are the responsibility of the Company Fund under this Agreement. Any such reduction or payment shall be applicable only to such specific reduction or payment and shall not constitute an agreement to reduce any future compensation or reimbursement due to the Adviser hereunder or to continue future payments. Any such reduction will be agreed upon to prior to accrual of the related expense or fee and will be estimated daily. daily and reconciled and paid on a monthly basis. (f) Any Company expense paid such reductions made by the Adviser voluntarily in its fees or pursuant payment of expenses which are the Fund’s obligation are subject to an agreed expense limitation shall be reimbursed reimbursement by the Company Fund to the Adviser in the firstAdviser, second, or third (or any combination thereof) fiscal year next succeeding the fiscal year of the withholding, reduction, or payment to the extent permitted by applicable law and only if such reimbursements by the Company (i) are so requested by the Adviser, (ii) are approved in subsequent fiscal years if the aggregate amount actually paid by the Company’s Fund toward the operating expenses for such fiscal year (taking into account the reimbursement) does not exceed the applicable limitation on Fund expenses. Under the expense limitation agreement, the Adviser may recoup reimbursements made in any fiscal year of the Fund over the following three fiscal years. Any such reimbursement is also contingent upon Board of Directors, Trustees review and (iii) can be achieved within approval at time the Company’s then current expense limits, if any, for that succeeding first, second, or third fiscal year as the case reimbursement is made. Such reimbursement may be; provided that such reimbursements shall only not be paid after prior to the CompanyFund’s payment of current expenses of the fiscal year have been paid and if such reimbursements do not require the Adviser to pay current Company ordinary operating expenses. (cg) The Adviser may agree not to require payment of any portion of the compensation or reimbursement of expenses otherwise due to it pursuant to this Agreement prior to the time such reimbursement has accrued as a liability of the CompanyAgreement. Any such agreement shall be applicable only with respect to the specific items covered thereby and shall not constitute an agreement not to require payment of any future compensation or reimbursement due to the Adviser hereunder.