Common use of Recapture Clause in Contracts

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year following the year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 15 contracts

Samples: Expense Limitation Agreement (360 Funds), Expense Limitation Agreement (Capital Management Investment Trust), Expense Limitation Agreement (WP Trust)

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Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the class of Shares for the applicable following year, after giving effect to the repayment, do not exceed the applicable Operating Expense Limit with respect to the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 6 contracts

Samples: Expense Limitation Agreement (Horizon Funds), Expense Limitation Agreement (Horizon Funds), Expense Limitation Agreement (Horizon Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in within three years after the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if provided that the repayments do not cause total annual Fund Operating Expenses for (exclusive of such reductions and reimbursements) to exceed (i) the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to the average daily net assets of the Fund (or any lower expense limitation or limitations then in effect, if any, and (ii) the expense limitation in effect at the time the expenses to which the parties may otherwise agree)be repaid were incurred.

Appears in 5 contracts

Samples: Expense Limitation Agreement (Connors Funds), Expense Limitation Agreement (Connors Funds), Expense Limitation Agreement (Connors Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following fiscal year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.49% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 5 contracts

Samples: Expense Limitation Agreement (Gator Series Trust), Expense Limitation Agreement (Endurance Series Trust), Expense Limitation Agreement (Endurance Series Trust)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to expense limitation in effect at the average daily net assets of time the Fund waiver or reimbursement is made (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 3 contracts

Samples: Expense Limitation Agreement (Centre Funds), Expense Limitation Agreement (Centre Funds), Expense Limitation Agreement (Drexel Hamilton Mutual Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 3.00% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 3 contracts

Samples: Transaction Agreement (PSP Family of Funds), Expense Limitation Agreement (PSP Family of Funds), Expense Limitation Agreement (Congressional Effect Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to ___% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 3 contracts

Samples: Expense Limitation Agreement (ETFis Series Trust I), Expense Limitation Agreement (Virtus ETF Trust II), Expense Limitation Agreement (Virtus EFT Trust II)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.50% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 3 contracts

Samples: Expense Limitation Agreement (Kimberlite Investment Trust), Expense Limitation Agreement (Congressional Effect Family of Funds), Expense Limitation Agreement (Congressional Effect Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.80% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (ETFis Series Trust I), Expense Limitation Agreement (ETFis Series Trust I)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to ____% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (Virtus ETF Trust II), Expense Limitation Agreement (Virtus ETF Trust II)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year twelve month periods following the year twelve month period in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.00% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (BPV Family of Funds), Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 2.64% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (PSP Family of Funds), Expense Limitation Agreement (PSP Family of Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to expense limitation in effect at the average daily net assets of time the Fund waiver or reimbursement is made (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (Drexel Hamilton Mutual Funds), Expense Limitation Agreement (Drexel Hamilton Mutual Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year following the year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (M3Sixty Funds Trust), Expense Limitation Agreement (M3Sixty Funds Trust)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.65% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (Hays Series Trust), Expense Limitation Agreement (Hays Series Trust)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year 12 month periods following the year 12 month period in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.00% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (BPV Family of Funds), Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.59% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 2 contracts

Samples: Expense Limitation Agreement (ETFis Series Trust I), Expense Limitation Agreement (Virtus ETF Trust II)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.49% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Virtus ETF Trust II)

Recapture. If the Adviser Advisor so requests, any Fund Operating Expenses waived or reimbursed by the Adviser Advisor pursuant to this Agreement shall be repaid to the Adviser Advisor by the respective Fund in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.15% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Stadion Investment Trust)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.68% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Virtus ETF Trust II)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year twelve month periods following the year twelve month period in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.80% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.40% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Hays Series Trust)

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Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year twelve month periods following the year twelve month period in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.50% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.68% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Virtus ETF Trust II)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective a Fund in the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.95% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Emerge ETF Trust)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0. ___% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (ETFis Series Trust I)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.49% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.99% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Congressional Effect Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third year following the year in date on which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.80% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (ETFis Series Trust I)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third year following the year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree)) in effect at the time of the applicable waiver or reimbursement.

Appears in 1 contract

Samples: Expense Limitation Agreement (360 Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.75% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Congressional Effect Family of Funds)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.80% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.60% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.24% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (BPV Family of Funds)

Recapture. If the Adviser so requests, an amount equal to any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid paid to the Adviser by the respective Fund in the first, second and third fiscal year following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 0.59% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (ETFis Series Trust I)

Recapture. If the Adviser so requests, any Fund Operating Expenses waived or reimbursed by the Adviser pursuant to this Agreement shall be repaid to the Adviser by the respective Fund Portfolio in the first, second and third year fiscal years following the fiscal year in which any such reimbursement or waiver occurs, if the total annual Fund Operating Expenses for the applicable following year, after giving effect to the repayment, do not exceed the Operating Expense Limit with respect to 1.25% of the average daily net assets of the Fund (or any lower expense limitation or limitations to which the parties may otherwise agree).

Appears in 1 contract

Samples: Expense Limitation Agreement (Congressional Effect Family of Funds)

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