Common use of OWNERSHIP AND VOTING RIGHTS Clause in Contracts

OWNERSHIP AND VOTING RIGHTS. The Trustee may hold any property or investment of the Account in its own name, in the name of its nominee, in bearer form or in such other name as the Trustee may determine. The voting or other ownership rights attached to any investments held in the Account may be exercised by the Account Holder and the Account Holder is appointed as the Trustee’s agent and attorney for this purpose, to execute and deliver proxies and/or other instruments, in accordance with applicable laws. 21. FEES, EXPENSES, TAXES, INTEREST AND PENALTIES. The Trustee and/or the Agent may charge administration and transaction fees, in such amounts and at such times as may be fixed by the Trustee and/or the Agent from time to time, provided that the Trustee and/or the Agent will give reasonable prior written notice to the Account Holder of a change in the amount of such fees. Such fees may be paid for out of, or recovered from, the property of the Account, to the extent that they are not paid when due by the Account Holder. The Account Holder acknowledges that BMO Investments Inc. (the “Agent”) (or an affiliate) may charge fees, commissions and expenses to the property of the Account in its capacity as the investment advisory firm for the Account Holder. The Trustee and/or the Agent may charge expenses incurred by the Trustee and/or the Agent in the administration of the Account. Such expenses may be paid out of, or recovered from, the property of the Account, to the extent that they are not paid when due by the Account Holder. All taxes, penalties, and interest applicable to the Account (for greater certainty this does not include amounts that may be imposed under Part XI.01 of Act on the holder or the issuer of the Account (as defined in the Act)) such as with regard to nonqualified investments, shall be charged to the Account Holder. Such taxes, interest and penalties will be paid for by, or recovered from the Account Holder. The Trustee may, without instructions from the Account Holder, apply any cash held in the Account for the payment of fees or expenses charged to the Account. Where there is insufficient cash in the Account at any time, the Trustee or the Agent shall make reasonable requests for instructions from the Account Holder regarding which investments of the Account to liquidate in order to realize sufficient cash to make the payment. If, after making reasonable requests from the Account Holder at the last address provided by the Account Holder, the Trustee or the Agent does not receive satisfactory instructions from the Account Holder within a reasonable time, the Trustee may, in its discretion, liquidate part or all of the property of the Account in order to realize sufficient cash to make the payment. Any such liquidation shall be made at such prices as the Trustee may in its discretion determine to be the fair market value of the property at the time; in the case of investments which are illiquid or which have no readily ascertainable market value, the Trustee may in its discretion sell the investments to the Agent for the Agent’s own account, at such price as the Trustee considers fair and proper.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

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OWNERSHIP AND VOTING RIGHTS. The Trustee may hold any property or investment of the Account in its own name, in the name of its nominee, in bearer form or in such other name as the Trustee may determine. The voting or other ownership rights attached to any investments held in the Account may be exercised by the Account Holder and the Account Holder is appointed as the Trustee’s agent and attorney for this purpose, to execute and deliver proxies and/or other instruments, in accordance with applicable laws. 21. FEES, EXPENSES, TAXES, INTEREST AND PENALTIES. The Trustee and/or the Agent may charge administration and transaction fees, in such amounts and at such times as may be fixed by the Trustee and/or the Agent from time to timetime (the “Trustee Fees”), provided that the Trustee and/or the Agent will shall give reasonable prior written notice to the Account Holder of a such Trustee Fees and any change in the amount of such feesthe Trustee Fees. Such fees The Trustee Fees may be paid for out of, of the assets of the Account or recovered from, from the property assets of the Account, to the extent that they are not paid when due by the Account Holder. The Account Holder acknowledges that BMO Investments Inc. (the “Agent”) Agent (or an affiliate) may charge fees, spreads, commissions and expenses to the property of the Account in its capacity as the investment advisory firm for the Account HolderHolder (the “Advisory Fees”). The Account Holder acknowledges and agrees that the Advisory Fees do not constitute Trustee Fees and are governed by the terms of the Client Account Agreement as amended from time to time. If there are any inconsistencies between this Trust Agreement and the Client Account Agreement with respect to the Advisory Fees, the terms of the Client Account Agreement govern. The Trustee and/or the Agent may charge expenses incurred by the Trustee and/or the Agent in the administration of the Account. Such All such expenses may will, unless paid directly to the Trustee and/or Agent, be paid out of, of or recovered from, the property of from the Account, to the extent that they are not paid when due by the Account Holder. All taxes, penalties, and interest applicable to the Account (for greater certainty this does not include amounts that may be imposed under Part XI.01 of Act on the holder Trustee or the issuer Account Holder in respect of the Account (as defined in the Act)) such as with regard to nonqualified investments, shall be charged or any other charges related to the Account Holder. Such taxes, interest and penalties will may be paid for by, out of or recovered from the Account HolderAccount, except for charges, taxes or penalties imposed on the Trustee under the Act. The Trustee may, without instructions from the Account Holder, apply any cash held in the Account for the payment of fees (including the Trustee Fees and the Advisory Fees) or expenses or taxes, penalties and interest charged to the Account, except for charges, taxes or penalties imposed on the Trustee under the Act. Where there is insufficient cash in the Account at any time, the Trustee or the Agent shall make reasonable requests for instructions from the Account Holder regarding which investments assets of the Account to liquidate in order to realize sufficient cash to make the payment. If, after making reasonable requests from the Account Holder at the last address provided by the Account Holder, the Trustee or the Agent does not receive satisfactory instructions from the Account Holder within a reasonable time, the Trustee may, in its discretion, liquidate part or all of the property of the Account in order to realize sufficient cash to make the payment. Neither the Trustee nor the Agent shall be responsible for any loss occasioned by any such realization. Any such liquidation shall be made at such prices as the Trustee may in its discretion determine to be the fair market value of the property assets at the time; in the case of investments assets which are illiquid or which have no readily ascertainable market value, the Trustee may in its discretion sell the investments assets to the Agent for the Agent’s 's own account, at such price as the Trustee considers fair and proper.

Appears in 1 contract

Samples: Trust Agreement

OWNERSHIP AND VOTING RIGHTS. The Trustee may hold any property or investment of the Account Plan in its own name, in the name of its nominee, in bearer form or in such other name as the Trustee may determine. The voting or other ownership rights attached to any investments held in the Account Plan may be exercised exer- cised by the Account Holder Planholder and the Account Holder Planholder is appointed as the Trustee’s agent and attorney for this purpose, to execute and deliver proxies and/or other instruments, in accordance with applicable laws. 2115. FEES, EXPENSES, TAXES, INTEREST AND PENALTIES. The Trustee and/or the Agent may charge administration and transaction fees, in such amounts and at such times as may be fixed by the Trustee and/or the Agent from time to timetime (the “Trustee Fees”), provided that the Trustee and/or the Agent will shall give reasonable prior written notice to the Account Holder Planholder of a such Trustee Fees and any change in the amount of such feesthe Trustee Fees. Such fees The Trustee Fees may be paid for out of, of the Fund or recovered from, from the property of the AccountFund, to the extent that they are not paid when due by the Account HolderPlanholder. The Account Holder Planholder acknowledges that BMO Investments Inc. (the “Agent”) Agent (or an affiliate) may charge fees, spreads, commissions and expenses to the property of the Account Fund in its capacity as the investment advisory firm for the Planholder (the “Advisory Fees”). The Planholder acknowledges and agrees that the Advisory Fees do not constitute Trustee Fees and are governed by the terms of the Client Account HolderAgreement as amended from time to time. If there are any inconsistencies between this Plan and the Client Account Agreement with respect to the Advisory Fees, the terms of the Client Account Agreement govern. The Trustee and/or the Agent may charge expenses incurred by the Trustee and/or the Agent in the administration of the AccountPlan. Such All such expenses may will, unless paid directly to the Trustee and/or Agent, be paid out of, of or recovered from, from the property of the Account, to the extent that they are not paid when due by the Account HolderFund. All taxes, penalties, and interest applicable to the Account (for greater certainty this does not include amounts that may be imposed under Part XI.01 of Act on the holder Trustee or the issuer Planholder in respect of the Account (as defined in the Act)) such as with regard to nonqualified investments, shall be charged Plan or any other charges related to the Account Holder. Such taxes, interest and penalties will Plan may be paid for by, out of or recovered from the Account HolderFund, except for charges, taxes or penalties imposed on the Trustee under the Act. The Trustee may, without instructions from the Account HolderPlanholder, apply any cash held in the Account Fund for the payment of fees (including the Trustee Fees and the Advisory Fees) or expenses or taxes, penalties and interest charged to the AccountPlan, except for charges, taxes or penalties imposed on the Trustee under the Act. Where there is insufficient cash in the Account Fund at any time, the Trustee or the Agent shall make reasonable requests for instructions from the Account Holder Planholder regarding which investments assets of the Account Fund to liquidate in order to realize sufficient suffi- cient cash to make the payment. If, after making reasonable requests from the Account Holder Planholder at the last address provided by the Account HolderPlanholder, the Trustee or the Agent does not receive satisfactory sat- isfactory instructions from the Account Holder Planholder within a reasonable reason- able time, the Trustee may, in its discretion, liquidate part or all of the property of the Account Fund in order to realize sufficient cash to make the payment. Neither the Trustee nor the Agent shall be respon- sible for any loss occasioned by any such realization. Any such liquidation shall be made at such prices as the Trustee may in its discretion determine to be the fair market value of the property assets at the time; in the case of investments assets which are illiquid or which have no readily ascertainable market value, the Trustee may in its discretion sell the investments assets to the Agent for the Agent’s 's own account, at such price as the Trustee considers con- xxxxxx fair and proper.

Appears in 1 contract

Samples: Trust Agreement

OWNERSHIP AND VOTING RIGHTS. The Trustee may hold any property or investment of the Account Plan in its own name, in the name of its nominee, in bearer form or in such other name as the Trustee may determinedetermine . The voting or other ownership rights attached to any investments held in the Account Plan may be exercised by the Account Holder Planholder and the Account Holder Planholder is appointed as the Trustee’s agent and attorney for this purpose, to execute and deliver proxies and/or other instruments, in accordance with applicable lawslaws . 2118 . FEES, EXPENSES, TAXES, INTEREST AND PENALTIES. : The Trustee and/or the Agent BHIMI or any other agent may charge administration and transaction fees, in such amounts and at such times as may be fixed by the Trustee and/or the Agent an agent from time to time, provided that the Trustee and/or the Agent will agent shall give reasonable prior written notice to the Account Holder Planholder of a change in the amount of such feesfees . Such fees may be paid for out of, of the Plan or recovered from, from the property of the AccountPlan, to the extent that they are not paid when due by the Account HolderPlanholder . The Account Holder Planholder acknowledges that BMO Investments Inc. (the “Agent”) (BHIMI or another investment manager or an affiliate) investment advisor appointed by the Planholder may charge fees, commissions and expenses to the property Plan in the capacity of the Account in its capacity as the investment advisory firm for the Account Holdermanager or investment advisor . The Trustee and/or the Agent BHIMI may charge expenses incurred by the Trustee and/or the Agent BHIMI in the administration of the AccountPlan . Such expenses may be paid out of, of or recovered from, from the property of the AccountPlan, to the extent that they are not paid when due on a timely basis by the Account HolderPlanholder . All taxes, penalties, and interest applicable to the Account Plan (for greater certainty this does not include amounts that may be imposed under Part XI.01 XI .01 of the Act on the holder or the issuer of the Account Plan (as defined in the Act)) ), such as with regard to nonqualified non-qualified investments, shall be charged to the Account HolderPlan . Such taxes, interest and penalties will be paid for by, out of or recovered from the Account HolderPlan . The Trustee may, without instructions from the Account HolderPlanholder, apply any cash held in the Account Plan for the payment of fees or expenses or taxes, penalties and interest charged to the AccountPlan . Where there is insufficient cash in the Account Plan at any time, the Trustee or the Agent shall make reasonable requests for instructions from the Account Holder investment advisor or investment manager or Planholder regarding which investments assets of the Account Plan to liquidate in order to realize sufficient cash to make the paymentpayment . If, after making reasonable requests from the Account Holder Planholder at the last address provided by the Account HolderPlanholder, the Trustee or the Agent does not receive satisfactory instructions from the Account Holder within a reasonable time, the Trustee may, in its discretion, liquidate part or all of the property of the Account Plan in order to realize sufficient cash to make the paymentpayment . Any such liquidation shall be made at such prices as the Trustee may in its discretion determine to be the fair market value of the property assets at the time; in the case of investments assets which are illiquid or which have no readily ascertainable market value, the Trustee may in its discretion sell the investments assets to the Agent an affiliate for the Agentaffiliate’s own account, at such price as the Trustee considers fair and properproper .

Appears in 1 contract

Samples: www.bmo.com

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OWNERSHIP AND VOTING RIGHTS. The Trustee may hold any property or investment of the Account in its own name, in the name of its nominee, in bearer form or in such other name as the Trustee may determine. The voting or other ownership rights attached to any investments held in the Account may be exercised by the Account Holder Accountholder and the Account Holder Accountholder is appointed as the Trustee’s 's agent and attorney for this purpose, to execute and deliver proxies and/or other instruments, in accordance with applicable laws. 2118. FEES, EXPENSES, TAXES, INTEREST AND PENALTIES. The Trustee and/or the Agent Agents may charge administration and transaction fees, in such amounts and at such times as may be fixed by the Trustee and/or the Agent Agents from time to time, provided that the Trustee and/or the Agent Agents will give reasonable prior written notice to the Account Holder Accountholder of a change in the amount of such fees. Such fees may be paid for out of, or recovered from, the property of the Account, to the extent that they are not paid when due by the Account HolderAccountholder. The Account Holder Accountholder acknowledges that Bank of Montreal and BMO Investments Inc. (the “Agent”) (or an affiliate) may charge fees, commissions and expenses to the property of the Account in its their capacity as the investment advisory firm banker and mutual fund dealer for the Account HolderAccountholder. The Trustee and/or the Agent Agents may charge expenses incurred by the Trustee and/or the Agent Agents in the administration of the Account. Such expenses may be paid out of, or recovered from, the property of the Account, to the extent that they are not paid when due on a timely basis by the Account HolderAccountholder. All taxes, penalties, and interest applicable to the Account (for greater certainty this does not include amounts that may be imposed under Part XI.01 of Act on the holder or the issuer of the Account (as defined in the Act)) Account, such as with regard to nonqualified non-qualified investments, shall be charged to the Account HolderAccount. Such taxes, interest and penalties will be paid for byout of, or recovered from from, the Account Holderproperty of the Account. The Trustee may, without instructions from the Account HolderAccountholder, apply any cash held in the Account for the payment of fees or expenses or taxes, penalties and interest charged to the Account. Where there is insufficient cash in the Account at any time, the Trustee or the Agent Agents shall make reasonable requests for instructions from the Account Holder Accountholder regarding which investments of the Account to liquidate in order to realize sufficient cash to make the payment. If, after making reasonable requests from the Account Holder Accountholder at the last address provided by the Account HolderAccountholder, the Trustee or the Agent does Agents do not receive satisfactory instructions from the Account Holder Accountholder within a reasonable time, the Trustee may, in its discretion, liquidate part or all of the property of the Account in order to realize sufficient cash to make the payment. Any such liquidation shall be made at such prices as the Trustee may in its discretion determine to be the fair market value of the property at the time; in the case of investments which are illiquid or which have no readily ascertainable market value, the Trustee may in its discretion sell the investments to the Agent for the Agent’s own account, at such price as the Trustee considers fair and proper.

Appears in 1 contract

Samples: Account Trust Agreement

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