Preformation Expenses Clause Samples

Preformation Expenses. In the event that the Company is successful in purchasing the assets of the Palace Casino, the following expenses, incurred prior to execution of this Agreement, shall be reimbursed by the Company:
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Preformation Expenses. Each party will bear its own expenses relating to the planning and formation of the Company, except that expenditures solely for the benefit of the Company incurred by either party prior to its formation shall be reimbursed by it upon its formation. Examples of such expenditures are: (a) Cost of an option for a plant or plant site; (b) Deposit against or cost of a plant or plant site; (c) Deposits made on equipment for the plant; (d) Salaries of employees of Nishikawa and Standard assigned full-time to this project. (e) Cost of engineering and construction of the plant incurred before formation.
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Preformation Expenses. Prior to making any distributions to the Members, the Company shall, to the extent approved by the Manager, disburse cash to the Members in the amounts necessary to reimburse each Member for all reasonable preformation or formation expenses (if any) earlier actually paid by such Member (or paid by others on such Member=s behalf). Such expenses may include those for drafting and filing the Certificate, drafting and implementing this Agreement to commence operations, acquiring Company property, and related matters. Any payment by the Company pursuant to this Section 3.07 shall be treated as a reimbursement of Company expenses paid to third parties who are not Members, and shall not be treated as a Company distribution. Preformation or formation expenses, if any, reasonably incurred by the Members to third parties which are unpaid on the Effective Date (to the extent approved by the Manager) shall be assumed and paid by the Company. The approvals by the Manager of preformation expenses may occur before formation or after formation. Any claim for preformation or formation expenses must be made, if at all, by notice to the Company, given within one year after the Company Creation Date.
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Preformation Expenses. Each of the Partners will pay its own attorneys' fees and all other costs incurred by it in connection with the negotiation of this Agreement.
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Related to Preformation Expenses

  • Organization Expenses All expenses incurred in connection with organization of the Company will be paid by the Company.

  • Relocation Expenses ‌ 9.5.1 Relocation expenses shall be paid when a kaimahi normal place of work is moved to a location out of the local area and the kaimahi elects to relocate within 12 months of the change of workplace. 9.5.2 Kaimahi shall be paid actual and reasonable costs of relocation, such costs to include: a) provision of temporary accommodation pending acquisition of permanent accommodation, for up to three months. b) packing, freight and storage of furniture and personal effects. c) travel costs for the kaimahi immediate family and other dependent members of the household. d) legal fees and land agents’ commission in respect of both the sale of a home at the former location and the purchase of a home at the new location (home shall include land purchased for the purpose of building a house). e) any penalty attached to the early repayment of the mortgage. 9.5.3 Where relocation expenses are paid the maximum payment shall be $25,000. 9.5.4 In any case other than specified in sub-clause (a) a payment towards relocation expenses may be made by agreement at the time of making the appointment. 9.5.5 Clause 9.5.3 does not apply to kaimahi based at the former Otago division whose provisions are laid out in the applicable schedule; or to TOPNZ who have no entitlement to relocation expenses.

  • Distribution Expenses Each of the Funds expressly agrees to pay to Service Company, as requested, the Fund’s portion of the actual cost of distributing shares of the Funds, which shall mean its share of all of the direct and indirect expenses of a marketing and promotional nature including, but not limited to, advertising, sales literature, and sales personnel, as well as expenditures on behalf of any newly organized registered investment company which is to become a party of this Agreement pursuant to Section 5.4. The cost of distributing shares of the Funds shall not include distribution-related expenses of an administrative nature, which shall be allocated among the Funds pursuant to Section 3.2(A). Distribution expenses of a marketing and promotional nature shall be allocated among the Funds in the manner approved by the Securities and Exchange Commission in Investment Company Act Release No. 11645 (Feb. 25, 1981): (1) 50% of these expenses will be allocated based upon each Fund’s average month-end assets during the preceding quarter relative to the average month-end assets during the preceding quarter of the Funds as a group. (2) 50% of these expenses will be allocated initially among the Funds based upon each Fund’s sales for the 24 months ended with the last day of the preceding quarter relative to the sales of the Funds as a group for the same period. (Shares issued pursuant to a reorganization shall be excluded from the sales of a Fund and the Funds as a group.) (3) Provided, however, that no Fund’s aggregate quarterly contribution for distribution expenses, expressed as a percentage of its assets, shall exceed 125% of the average expenses for the Funds as a Group, expressed as a percentage of the total assets of the Funds. Expenses not charged to a particular Fund(s) because of this 125% limitation shall be reallocated to other Funds on iterative basis; and that no Fund’s annual expenses for distribution shall exceed 0.2% of its average month-end net assets.

  • Collection Expenses The Borrower further agrees, subject only to any limitation imposed by applicable law, to pay all expenses, including reasonable attorneys’ fees, incurred by the holder of this Note in endeavoring to collect any amounts payable hereunder which are not paid when due.

  • COMPENSATION; EXPENSES (a) In consideration of the foregoing, the Advisor shall pay the Sub-advisor, with respect to the Fund, a fee as specified in Appendix B hereto. Such fees shall be accrued by the Advisor daily and shall be payable monthly in arrears on the first business day of each calendar month for services performed hereunder during the prior calendar month. If fees begin to accrue in the middle of a month or if this Agreement terminates before the end of any month, all fees for the period from that date to the end of that month or from the beginning of that month to the date of termination, as the case may be, shall be prorated according to the proportion that the period bears to the full month in which the effectiveness or termination occurs. Upon the termination of this Agreement with respect to the Fund, the Advisor shall pay to the Sub-advisor such compensation as shall be payable prior to the effective date of termination. (b) During the term of this Agreement, the Sub-advisor will pay all expenses incurred by it in connection with its activities under this Agreement other than the cost of securities and other investments (including brokerage commissions and other transaction charges, if any) purchased for the Portfolio. The Sub-advisor shall, at its sole expense, employ or associate itself with such persons as it reasonably believe to be particularly fitted to assist it in the execution of its duties under the Agreement. Except as set forth in Appendix B, the Sub-advisor shall not be responsible for the Trust’s, the Fund’s or the Advisor’s expenses, including any extraordinary and non-recurring expenses. (c) No fee shall be payable hereunder with respect to the Fund during any period in which the Fund invests all (or substantially all) of its investment assets in a registered, open-end, management investment company, or separate series thereof, in accordance with Section 12(d)(1)(E) under the 1940 Act, pursuant to the instruction of the Advisor and of the Trust’s Board of Trustees.