License Fees. If so provided in the Prospectus, the Depositor may enter into a Licensing Agreement (the "Agreement") with a licensor (the "Licensor") described in the Prospectus in which the Trust(s), as consideration for the licenses granted by the Licensor for the right to use its trademarks and trade names, intellectual property rights or for the use of databases and research owned by the Licensor, will pay a fee set forth in the Agreement to the applicable Licensor or the Depositor to reimburse the Depositor for payment of the expenses. If the Agreement provides for an annual license fee computed in whole or part by reference to the average daily net asset value of the Trust assets, for purpose of calculating the accrual of estimated expenses such annual fee shall accrue at a daily rate and the Trustee is authorized to compute an estimated license fee payment (i) until the Depositor has informed the Trustee that there will be no further deposits of additional Securities, by reference to an estimate of the average daily net asset value of the Trust assets which the Depositor shall provide the Trustee, (ii) thereafter and during the calendar quarter in which the last business day of the period described in clause (i) occurs, by reference to the net asset value of the Trust assets as of such last business day, and (iii) during each subsequent calendar quarter, by reference to the net asset value of the Trust assets as of the last business day of the preceding calendar quarter. The Trustee shall adjust the net asset value (Trust Fund Evaluation) as of the dates specified in the preceding sentence to account for any variation between accrual of estimated license fee and the license fee payable pursuant to the Agreement, but such adjustment shall not affect calculations made prior thereto and no adjustment shall be made in respect thereof.
(17) Sections 2.05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:
License Fees. Licensee shall pay to Licensor, in immediately available funds, the amounts designated in Schedule 1 as consideration for the license granted pursuant to this Agreement (the “License Fees”). Payment shall be as outlined in Schedule 1. All amounts due hereunder are based on United States currency.
License Fees. As consideration for the license granted herein, Licensee shall pay to DJI Opco a license fee for each series of the Product equal to the greater of twenty five hundred dollars ($2,500) or five basis points (0.05%) of the aggregate daily liquidation value of transactional sales (specifically excluding fee-based sales) made during the primary offering period of such series (the “License Fee”) (which fee is a Product cost that Licensee expects the Product to reimburse pursuant to the applicable trust indenture). The License Fee shall be paid on a one-time basis on or before the 15th day of the second month after the close of the primary offering period. DJI Opco acknowledges that (a) Licensee may at any time determine that it does not wish to go forward with a primary offering of the Product and, if it so determines, Licensee shall not be responsible for the payment of any License Fee under this Agreement, (b) Licensee may delay the deposit date for a Product in its discretion, and (c) Licensee has full authority to determine the length of any offering period, and may shorten or lengthen such offering period for any reason in its sole discretion. A report detailing (i) the aggregate daily liquidation value of transactional sales during the primary offering period for each Product and (ii) any excluded fee-based sales will be provided by Guggenheim to DJI Opco within ten (10) days after the Product moves to the secondary market. Licensee shall send such report to xxxxxxxxxxxxxx@xxxxx.xxx. All amounts will be paid in cash and will be non-refundable. All amounts are stated in U.S. Dollars (at the applicable exchange rate prevailing at the time payment is due, as published in The Wall Street Journal). All amounts in the License Agreement (including, without limitation, any Schedules hereto) are stated net of any taxes (i.e., the amount stated is the amount to be received by DJI Opco after payment of any sales, distribution, use or similar taxes). Licensee shall pay any taxes, fees and similar governmental charges related to the execution or performance of this Agreement, other than taxes on DJI Opco’s net income. The terms hereof shall be deemed "Confidential Information" for purposes of Section 7(b) of the License Agreement.
License Fees. Licensee shall pay to S&P the following annual fees on a per Indexed Fund basis: The greater of the Minimum Fee or the Variable Fee set forth below due as of the close of the IPO. Aggregate Minimum Fee: The Minimum Fee is equal to $10,000 per year. The Minimum Fee is due as of the Commencement Date and each one year anniversary thereof and payable within thirty (30) days of the date of invoice from S&P. Variable Fee: Five basis points (0.0005) multiplied by the total amount of assets raised during the initial public offering (IPO), payable at the close of such IPO. By way of example, and without limiting the generality of the foregoing, in the event that Licensee issues a mutual fund with average daily assets under management equal to $100 million on January 1, the License Fee for the period ending March 30 will be equal to $100,000,000 × 0.0005 / 4 or $12,500; OR a closed-end fund with assets raised during the IPO closing on January 1 equal to $100 million, the License Fee shall be equal to to $100,000,000 × 0.0005 or $50,000.
License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
License Fees. License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 60% on the date when we make the applicable Tyler Software available to you for downloading (the “Available Download Date”); and (c) 15% on the earlier of use of the Tyler Software in live production or 180 days after the Available Download Date.
License Fees. Commencing on the Billing Commencement Date and at each three (3) month period thereafter during the first year following such Billing Commencement Date (the “Initial Year”), Licensee shall pay to S&P two thousand five hundred U.S. Dollars ($2,500) for a total annual payment of Ten Thousand U.S. Dollars ($10,000) (the “Year 1 Minimum Fee”). Following the Initial Year, Licensee shall pay S&P a minimum fee of two thousand five hundred U.S. Dollars ($2,500) for every series of the Product launched by Licensee (the “Series Minimum Fee”) after that Initial Year, provided, however that the total Series Minimum Fees in aggregate paid by Licensee to S&P for any one (1) year period shall not exceed Ten Thousand U.S. Dollars ($10,000). In addition, Licensee shall pay to S&P (a) within thirty (30) days following the end of the Initial Year, the overage (if any) between the Year 1 Minimum Fee and three basis points (0.0003) of the aggregate daily liquidation value of transactional sales (specifically excluding fee-based sales) made during the primary offering period of the Product (and every series thereof) launched in the first year and (b) within thirty (30) days following the anniversary of the Initial Year and each one (1) year period thereafter, the overage (if any) between the aggregate of all Series Minimum Fees paid in such annual period and three basis points (0.0003) of the aggregate daily liquidation value of transactional sales (specifically excluding fee-based sales) made during the primary offering period of every series of the Product launched in such annual period.
License Fees. All license fees for the Funds;
License Fees. Licensee shall pay to S&P the following annual fees on a per Indexed Fund basis: The greater of the Minimum Fee or the Variable Fee set forth below due as of the close of the IPO.
License Fees. Licensee shall pay to Oracle the fees set forth in Exhibit A, if any, as set forth therein. Payments shall be sent to: Oracle America, Inc., Software Royalty Accounting Group, XX Xxx 00000, Xxxx Xxxx XX 00000.
