Common use of Trustee’s Remuneration and Expenses Clause in Contracts

Trustee’s Remuneration and Expenses. The Corporation shall pay the Trustee reasonable remuneration for its services as trustee hereunder and shall pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) both before any default hereunder and thereafter until all the duties of the Trustee shall be firmly and fully performed, except any such expense, disbursement or advance as may arise from gross negligence of wilfull misconduct. Any amount due under this Section 8.5 and unpaid 30 days after request for such payment shall bear interest from the expiration of such 30 days at a rate per annum equal to the then current rate charged by the Trustee from time to time, payable on demand. After default, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal of, or interest on, the Subordinate Secured Notes. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court.

Appears in 2 contracts

Samples: Note Indenture (Gryphon Gold Corp), Note Indenture (Gryphon Gold Corp)

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Trustee’s Remuneration and Expenses. (a) The Corporation shall covenants that it will pay to the Trustee reasonable remuneration for its services as trustee hereunder Trustee and shall will pay or reimburse the Trustee upon all costs, charges and expenses (including reasonable fees and disbursements of its request for Counsel and all reasonable expenses, disbursements and advances other advisors not regularly in its employ) properly incurred or made by the Trustee in the administration or execution of connection with the trusts hereby created hereof, on demand by the Trustee and also (including in addition to any right of indemnity given to the reasonable compensation Trustee by law) will at all times keep indemnified the Trustee against all liabilities, losses, damages, actions, proceedings, costs, claims, expenses and demands in respect of any matter or thing done or omitted by the disbursements Trustee (other than through the gross negligence of Trustee Counsel and all other advisers and assistants not regularly in its employ who have been retained or misconduct by the Trustee) both before in any default hereunder way relating to this Indenture. The said remuneration shall continue to be payable until the trusts hereof be finally wound up and thereafter until all whether or not the duties trusts of this Indenture shall be in the course of administration by or under the direction of the Trustee shall be firmly and fully performed, except any such expense, disbursement or advance as may arise from gross negligence of wilfull misconduct. court. (b) Any amount due under this Section 8.5 5.3 and unpaid 30 days after request demand for such payment shall bear interest from the expiration of such 30 days day period at a rate per annum equal to the then current rate generally charged by the Corporate Trust Department of the Trustee from time to time, payable time on demandoverdue accounts. After default, default all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal amount of, or any interest on, the Subordinate Secured Convertible Notes. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court.

Appears in 1 contract

Samples: Trust Indenture (Certicom Corp)

Trustee’s Remuneration and Expenses. The Corporation shall covenants that it will pay to the Trustee reasonable remuneration for its the Trustee's services hereunder in accordance with the fee schedule agreed to by the parties, as trustee hereunder amended from time to time, and shall will pay or reimburse the Trustee upon its the Trustee's request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee Counsel the Trustee's counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) 's employ), both before any default hereunder and thereafter until all the duties of the Trustee under the trusts hereof shall be firmly finally and fully performed, except any such expense, disbursement or advance as may arise from gross the Trustee's negligence or wilful default. Following and during the continuation of wilfull misconduct. Any amount due under this Section 8.5 and unpaid 30 days after request for such payment shall bear interest from the expiration an Event of such 30 days at a rate per annum equal to the then current rate charged by the Trustee from time to time, payable on demand. After defaultDefault, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal ofprincipal, premium, if any, or interest onon the Debentures. Any amount due under this Section 7.4 and unpaid 30 days after demand for such payment shall bear interest from the expiration of such 30 days, at the Subordinate Secured Notes. Such remuneration shall continue to be payable until rate normally charged by the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a courtTrustee on overdue accounts.

Appears in 1 contract

Samples: Trust Indenture (Finova Group Inc)

Trustee’s Remuneration and Expenses. The Corporation shall Subject to the next following sentence, each of the Corporations and, pursuant to its respective acknowledgement delivered in accordance with Subsection 2.1(e), each Licenseholder (including the Initial Licensee) agrees that it will pay to the Trustee from time to time reasonable remuneration for its services as trustee hereunder and shall will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts created hereby created (including the reasonable compensation fees and the disbursements of Trustee its agents, including, without limitation, its Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) employ), both before any default hereunder and thereafter until all the duties of the Trustee shall be firmly under such trusts are finally and fully performed, except any such expenseexpenses, disbursement disbursements or advance advances as may arise from gross the negligence or wilful misconduct of wilfull misconductthe Trustee. Any amount due pursuant to the preceding sentence (but excluding, for greater certainty, any interest payable pursuant to the next following sentence) shall be payable by either Corporation and each Licenseholder on a pro rata basis. Any amount due under this Section 8.5 5.3 and unpaid 30 days after request for such payment shall will bear interest from the expiration of such 30 days at a rate per annum equal to the then current prime rate charged by the Trustee with respect to commercial loans in Canadian currency made in Canada from time to timetime announced by Royal Bank of Canada, payable on demand. After defaultcalculated monthly, all amounts so payable not in advance, both before and after the interest thereon occurrence of an Event of Default, demand and judgment, until paid, and shall be payable out of any funds coming into on demand by the possession of Trustee. As at the Trustee or its successors in the trusts hereunder in priority to any payment of the principal of, or interest ondate hereof, the Subordinate Secured Notes. Such remuneration parties hereto agree with the Initial Licensee, being the sole Licenseholder hereunder as at the date hereof, that, until such time as an additional Licenseholder becomes entitled to the benefit hereof, any amount due pursuant to the first sentence of this Section 5.3 shall continue to be payable until by both (1) either Corporation on the trusts hereof shall be finally wound upone hand and (2) the Initial Licensee on the other hand, whether or not the trusts each as to 50% of this Indenture shall be in course of administration by or under the direction of a courtsuch amount.

Appears in 1 contract

Samples: Trust Indenture (NUCRYST Pharmaceuticals Corp.)

Trustee’s Remuneration and Expenses. The Corporation shall pay the Trustee reasonable remuneration for its services as trustee hereunder and shall pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) both before any default hereunder and thereafter until all the duties of the Trustee shall be firmly and fully performed, except any such expense, disbursement or advance as may arise from gross negligence of wilfull misconductfailure to perform its obligations hereunder in accordance with Section 15.2. Any amount due under this Section 8.5 10.5 and unpaid 30 days after request for such payment shall bear interest from the expiration of such 30 days at a rate per annum equal to the then current rate charged by the Trustee from time to time, payable on demand. After default, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal of, or interest or Premium, if any, on, the Subordinate Secured NotesDebentures. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court.

Appears in 1 contract

Samples: Indenture

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Trustee’s Remuneration and Expenses. The Corporation shall pay the Trustee reasonable remuneration for its services as trustee hereunder and shall pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) both before any default hereunder and thereafter until all the duties of the Trustee shall be firmly and fully performed, except any such expense, disbursement or advance as may arise from gross its negligence of wilfull misconductor wilful default. Any amount due under this Section 8.5 6.4 and unpaid 30 days after request for such payment shall bear interest from the expiration of such 30 days at a the standard set rate of the Trustee, being 2% per annum equal to the then current rate charged by the Trustee from time to timemonth, payable on demand. After default, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal of, or interest or Premium on, the Subordinate Secured Notes. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court.

Appears in 1 contract

Samples: Trust Indenture (Crystallex International Corp)

Trustee’s Remuneration and Expenses. The Corporation shall pay covenants with the Trustee that it will pay to the Trustee from time to time reasonable remuneration for its services as trustee hereunder and shall will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee its Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) employ), both before any default hereunder and thereafter until all the duties of the Trustee under the trusts hereof shall be firmly finally and fully performed, except any such expense, disbursement or advance as may arise from the gross negligence negligence, bad faith or wilful misconduct of wilfull misconductthe Trustee or its officers, directors, employees or agents. Any amount due under this Section 8.5 and unpaid 30 days after request for such payment shall bear interest from the expiration of such 30 days at a the standard set rate per annum equal to the then current rate charged by of the Trustee from time to time, payable on demand. After default, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee or its successors in the trusts hereunder in priority to any payment of the principal of, or interest on, Purchased Royalties on the Subordinate Secured NotesUnits. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court.

Appears in 1 contract

Samples: Trust Indenture (MIGENIX Inc.)

Trustee’s Remuneration and Expenses. The Corporation shall will pay the each Trustee reasonable remuneration for its services as trustee hereunder in accordance with such Trustee’s standard fee schedule as it may exist from time to time and shall will pay or reimburse the Trustee Trustees upon its their request for all reasonable expenses, disbursements and advances incurred or made by the Trustee Trustees in the administration or execution of the trusts hereby created (including the reasonable compensation and the disbursements of Trustee Counsel and all other advisers and assistants not regularly in its employ who have been retained by the Trustee) both before any default hereunder and thereafter until all the duties of the Trustee Trustees shall be firmly and fully performed, except any such expense, disbursement or advance as may arise from its gross negligence of wilfull misconductor wilful default. Any amount due under this Section 8.5 section and unpaid 30 thirty days after request for such payment shall bear interest from the expiration of such 30 thirty days at a rate per annum equal to the then current rate charged by the Trustee from time to timePrime Rate, payable on demand. After default, all amounts so payable and the interest thereon shall be payable out of any funds coming into the possession of the Trustee Trustees or its their successors in the trusts hereunder in priority to any payment of the principal of, of or interest on, or Premium on the Subordinate Secured NotesDebentures. Such remuneration shall continue to be payable until the trusts hereof shall be finally wound up, whether or not the trusts of this Indenture shall be in course of administration by or under the direction of a court. When the Trustees incur expenses or renders services in connection with an Event of Default specified in Section 8.1(g) or Section 8.1(h), the expenses (including the reasonable charges and expenses of its counsel) and the compensation for the services are intended to constitute expenses of administration under any applicable bankruptcy law. The provisions of this Section shall survive the termination of the Indenture.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

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