Trustee Fees and Expenses. The Trustee will be paid the Trustee Fee pursuant to Section 5.01 and such other amounts as agreed with the Seller. The Seller will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or the Insurance Agreement (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith or which is the responsibility of Certificateholders hereunder. In addition, the Seller covenants and agrees to indemnify the Trustee and its officers, directors, employees and agents from, and hold it harmless against, any and all losses, liabilities, damages, claims or expenses incurred in connection with or relating to this Agreement, the Insurance Agreement or the Certificates, other than any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence of the Trustee in the performance of its duties hereunder or by reason of the Trustee's reckless disregard of obligations and duties hereunder. To the extent that amounts payable to the Trustee under this Section 9.05, other than the Trustee Fee, are not paid by the Seller, such amounts shall be payable to the Trustee by the Trust pursuant to Section 5.01(a)(16). This Section 9.05 shall survive termination of this Agreement or the resignation or removal of any Trustee hereunder.
Trustee Fees and Expenses. The Trustee shall be entitled to the Trustee Fee (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by the Trustee in the exercise and performance of any of the powers and duties hereunder. The Trustee shall withdraw from the Distribution Account on each Distribution Date and pay to itself the Trustee Fee. The Trust shall reimburse the Trustee for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith or which is the responsibility of Certificateholders or the Trustee hereunder. In addition, the Trustee and its officers, directors, employees and agents shall be indemnified by the Trust from, and held harmless against, any and all losses, liabilities, damages, claims or expenses incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence of the Trustee in the performance of its duties hereunder or by reason of the Trustee's reckless disregard of obligations and duties hereunder. This Section shall survive termination of this Agreement or the resignation or removal of any Trustee hereunder.
Trustee Fees and Expenses. Prior to disbursing the Available Funds, the Trustee shall withdraw from the Distribution Account on each Distribution Date and pay to itself the Trustee Fee. The Seller will pay or reimburse the Trustee upon its request for all reasonable expenses and disbursements incurred or made by the Trustee, in accordance with any of the provisions of this Agreement (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ and any amounts paid by the Trustee for the recording of Assignments pursuant to Section 2.01) except any such expense or disbursement as may arise from its negligence or bad faith or which is the responsibility of Certificateholders or the Trustee hereunder. In addition, the Seller covenants and agrees to indemnify the Trustee and its officers, directors, employees and agents from, and hold it harmless against, any and all losses, liabilities, damages, claims or expenses incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence of the Trustee in the performance of its duties hereunder or by reason of the Trustee's reckless disregard of obligations and duties hereunder. This section shall survive termination of this Agreement or the resignation or removal of any Trustee hereunder. If the Seller defaults in its obligation to pay or reimburse the Trustee any amount as required under this Section 8.05, the Trustee shall be entitled to be paid or reimbursed such amount from the assets of the Trust Fund consisting of any amounts on deposit at any time in the Collection Account or the Distribution Account. Any indemnification from the Trust Fund, as contemplated above, shall be payable by the Trust Fund in the manner set forth in Section 3.05(a)(ix); provided, however, that the dollar limit set forth in such section shall not be applicable in connection with any insolvency, bankruptcy, reorganization, receivership or similar proceeding to which the Master Servicer is subject or in connection with claims made in or through such proceeding and the court having jurisdiction over such a proceeding has determined that the "automatic stay" provisions of section 362 of Title 11 of the U.S. Code or similar provisions are applicable to this Agreement and has not appointed or approved a successor master servicer or has ordered the Trustee to tak...
Trustee Fees and Expenses. Section 8.06
Trustee Fees and Expenses. The Annuitant shall pay to the Trustee an annual administration fee in such amount as may be fixed by the Trustee from time to time provided that the Trustee shall give at least 30 days’ prior written notice to the Annuitant of any change in the amount of such fee. The Trustee’s fee shall be payable upon establishment of the Plan, and each year thereafter and shall be either charged to the Annuitant’s account or, if the Annuitant has so instructed the Trustee in writing, billed to the Annuitant directly. Out-of-pocket expenses incurred by the Trustee and Leede in the administration of the Annuitant’s Account, such as certificate fees, postage, delivery charges, taxes, etc., shall be charged to the Annuitant’s Account. If the Trustee and/or Leede makes a payment or transfer of all the assets of the Plan or a transfer to a registered retirement savings plan or a registered retirement income fund, for which the Trustee is not the trustee, the Trustee shall be entitled to deduct a special service fee from any such transfer or additional payment amount. Notwithstanding anything herein contained, the Trustee is empowered to realize, at its sole discretion, sufficient assets forming part of the Fund for payment of the fees and expenses referred to above and for payment of any taxes which may be payable in respect of the trust established hereunder. Any such realization shall be made at such price or prices as the Trustee may in its sole discretion determine and the Trustee shall not be responsible for any loss occasioned by any such realization.
Trustee Fees and Expenses. The Trustee will be entitled to such reasonable fees and other charges as it may establish from time to time for the Account and to reimbursement for disbursements and expenses reasonably incurred by it in performing its duties hereunder. All such fees and other amounts (together with any goods and services tax or other taxes applicable thereto) will, unless paid directly to the Trustee, be charged against and deducted from the assets of the Account in such manner as the Trustee determines, and the Trustee may realize assets of the Account in its absolute discretion for the purposes of paying such fees and other amounts. Any such realization shall be made at such price or prices as the Trustee or the Agent at its sole discretion may determine and neither the Trustee nor the Agent shall be responsible for any loss occasioned by any such realization.
Trustee Fees and Expenses. The Trustee shall be entitled to receive (from Collections or, in connection with a Receivable Shortfall Payment or any other payments required to be made by the Sellers or the Sellers' Representative under any applicable Supplement, from the Sellers' Representative other than the Proceeds) the Trustee Fees as compensation for all services rendered by it in the execution of the Trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee; PROVIDED, HOWEVER, that the Trustee shall only be entitled to claim the applicable Series Percentage of such Trustee Fee from Collections or other payments allocable to the applicable Series. In addition, the Sellers' Representative shall pay or reimburse the Trustee (without reimbursement from the Collection Account, any Series Account or otherwise) upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Master Trust Agreement (including the reasonable fees and expenses of its agents, any co-Trustees and counsel) except any such expense, disbursement or advance as may arise from the gross negligence, negligence in the handling of funds or willful misconduct by the Trustee. The obligations of the Seller under this SECTION 8.3 shall survive the termination of the Trust and the resignation or removal of the Trustee.
Trustee Fees and Expenses. The Annuitant shall pay to the Trustee an annual administration fee in such amounts as may be fixed by the Trustee from time to time provided that the Trustee shall give at least 30 days’ prior notice to the Annuitant of a change in the amount of such fees. The annual administration fee shall be payable upon establishment of the Fund. Thereafter, such fees shall be payable at a time and frequency to be determined by Leede and shall be either charged to the Annuitant’s account or, if the Annuitant has so instructed the Trustee in writing, billed to the Annuitant directly. Out-of-pocket expenses incurred by the Trustee and Leede, in the administration of the Annuitant’s account, such as certificate fees, postage, delivery charges, taxes, etc. shall be charged to the Annuitant’s account. If the Trustee and/or Leede makes a payment or transfer of all the assets of the Fund, other than a payment pursuant to subparagraph
Trustee Fees and Expenses. The Trustee will be entitled to any amounts earned on funds in the Distribution Account. The Trustee shall not be liable for any legal expenses, costs and liabilities from any action that the Servicer may undertake.
(a) all reasonable out-of-pocket expenses, disbursements and advances and the expenses of the Trustee, respectively, in connection with any Event of Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders or the Trust Fund hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses from the Seller. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Trustee Fees and Expenses. The fees and expenses of the Trustee shall be determined in accordance with the Fee Schedule—Institutional for Trust & Investment Management — Fixed Income Portfolio that is effective January 1, 2010, and that has been provided to the Company’s Senior Vice President, Human Resources and to its Vice President, Treasurer.
