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. 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: And Restated Indenture

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.)

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: Collaboration and License Agreement (MIGENIX Inc.)

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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 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: Crystallex International Corp

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