Payment of Trustee Fees. In the event the Trust created under this Agreement becomes liable to or subject to any fees or other amounts due to the Trustee pursuant to Section 5.01 hereof, the Trustee shall be entitled to withdraw monies from the Fund to pay such fees or other expenses without prior approval or instruction of the Tribunal.
Payment of Trustee Fees. No later than on or prior to the Effective Date, the Trustee shall submit to counsel to the Reorganized Debtors an invoice reflecting any outstanding Trustee Fees for which the Trustee seeks reimbursement from the Reorganized Debtors. The Reorganized Debtors shall pay in full in Cash all reasonable and documented Trustee Fees incurred by the Trustee without the requirement to file a fee application with the Court and without any requirement for review or approval by the Court or any other party. Thereafter, to the extent the Trustee provides services or incurs costs or expenses, including professional fees, related to or in connection with the Plan, the Confirmation Order, the 7% Notes Indenture or the 8.75% Notes Indenture after the Effective Date, the Trustee shall be entitled to receive from the Reorganized Debtors, without further Court approval, reimbursement of reasonable and documented Trustee Fees incurred in connection with such services.
Payment of Trustee Fees. Except as paid out of the Construction Fund pursuant to Section 3.3 of this Agreement, the Company agrees to pay to or upon the order of the Trustee, during the Loan Term, (i) an amount equal to the fees of the Trustee, as Trustee, which will be payable on such dates as shall be mutually agreeable to the Trustee and the Company for the ordinary services of the Trustee rendered and its ordinary expenses incurred under the Indenture, (ii) the reasonable fees, charges and expenses of the Trustee, as bond registrar and paying agent (including any charges imposed with respect to the transfer of Bonds), and of paying agents on the Bonds for acting as paying agents as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees, charges and expenses of the Trustee for Extraordinary Services rendered and Extraordinary Expenses, each as defined in the Indenture, incurred by it under the Indenture, as and when the same become due; provided that the Company may contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses, (so long as such action shall not impair the agreements of the Company contained in this Section 5.4) and such contest or action shall not constitute a default or an Event of Default hereunder.
Payment of Trustee Fees. The Trustee shall be entitled to a fee of .04% (4 basis points) per year of the Trust's assets, calculated on the basis of the value of the aggregate value of the securities deposited into the Trust less the aggregate value of securities withdrawn from the Trust. The Trustee's fee will be payable at the end of each calendar quarter at the rate of .01% of the aggregate value of securities deposited in the Trust (determined at the time of the issuance of the Receipts associated with that Deposit), less the number of Receipts redeemed multiplied by the average deposit price of a Receipt for the period from the time of inception of the Trust to the end of the current calendar quarter). The Trustee's fee is payable no later than [45] days after the end of each calendar quarter. The fees payable pursuant to this Section 4, and any fractional amounts retained by the Trustee as additional compensation pursuant to Sections 4.1, 4.4, 4.10, and 5.10 under the Trust Agreement, shall be deemed to be full reimbursement to the Trustee for all Trust Expenses.
Payment of Trustee Fees. In the event the Trust created under this Agreement becomes liable to or subject to any fees or other amounts due to the Trustee pursuant to section 4.1 hereof, the Trustee shall be entitled to withdraw monies from the Fund to pay such fees or other expenses without prior approval or instruction of the Tribunal.
