Limitation on Fees. Notwithstanding the foregoing, the portion of the administrative fees payable under this Agreement retained by the Investment Adviser (after all permissible payments to AFS and third party service providers) will be limited to no more than 0.05% of average net assets per share class.
Limitation on Fees. Notwithstanding the foregoing provision, in no event shall the successful Party or Parties be entitled to recover an amount from the unsuccessful Party for costs, expenses and attorneys’ fees that exceeds the unsuccessful Party’s or Parties’ costs, expenses and attorneys’ fees in connection with the action or proceeding.
Limitation on Fees. Notwithstanding anything herein to the contrary, the payment of any fees or expenses pursuant to Articles 8 and 13 by the Company shall be subject to the limitations thereon contained in the Articles of Incorporation.
Limitation on Fees. Total fees and expenses incurred from and after May 1, 2003, of the legal advisors to the Company, the Official Committee and the existing senior secured lenders' agent related to the Chapter 11 Cases, Healthcare Partners, Inc., Houlihan Lokey, Alvarez & Marsal, Gleacher Partners, LLC and Kekst xxx Xxxxaxx (xxxx xxxx and expenses shall specifically exclude the success fee payable to Houlihan Lokey, and any fees payable in respect of any exit financixx) xxxxl xxx exceed $25 million, and the Purchasers shall have received evidence of the foregoing that is reasonably satisfactory to them.
Limitation on Fees. (1) An organiza- tion authorized to collect a fee under this section may collect from a bene- ficiary a monthly fee for expenses (in- cluding overhead) it has incurred in providing payee services to a bene- ficiary. The limit on the fee a qualified organization may collect for providing payee services increases by the same percentage as the annual cost of living adjustment (COLA). The increased fee amount (rounded to the nearest dollar) is taken beginning with the benefit for December (received in January).
Limitation on Fees. Notwithstanding the foregoing, effective July 1, 2005, the portion of the fees payable under this Agreement retained by the Investment Adviser (after all permissible payments to AFS and third party service providers) will be limited to no more than 0.05% of average net assets per share class.
Limitation on Fees. The Management Fees payable to the Managers shall be limited during the Initial Term to five percent (5%) of Total Revenues ("Base Management Fee") until such time that the Facilities in the aggregate are producing an Operating Profit for three (3) consecutive calendar months. The unpaid two percent (2%) of the Management Fee shall be accrued without interest until an Operating Profit is achieved for three (3) consecutive calendar months ("Accrued Management Fee"). From and after the date that the Facilities in the aggregate continue to produce an Operating Profit for not less than three (3) consecutive calendar months, the Managers shall be entitled to receive the full Management Fee and the Accrued Management Fee from prior periods to the extent Operating Profit is available therefor. If there is an Operating Deficit for three (3) consecutive calendar months, the Management Fee shall be limited to the Base Management Fee thereafter until Operating Profit is thereafter achieved for three (3) consecutive calendar months. Notwithstanding anything to the contrary contained herein, any obligation of Owners to pay any Accrued Management Fee shall terminate automatically at the expiration of the Initial Term if Emeritus does not timely exercise or at such time as it is not entitled to exercise the Purchase Option set forth in Section 13, and in any event any Accrued Management Fee shall be paid solely out of Operating Profit and neither the Facility Entities nor AL Investors II shall have any liability to pay the Accrued Management Fee during the Initial Term or upon expiration or sooner termination of this Agreement from any other funds or by any Owner's Deficit Contribution pursuant to Section 8.3.
Limitation on Fees. During the period commencing on July 1, 2009, and ending on June 30, 2012, the fees that any College charges to members of the bargaining unit and to their spouses and children as a condition of their enrollment in any undergraduate day course or program at such College (and exclusive, therefore, of any course or program in the Division of Graduate and Continuing Education at such College) shall not exceed the fees so charged on September 1, 2008.
Limitation on Fees. If a sports agent negotiates a contract for an athlete's professional sports services, the sports agent may not collect in a 12-month period a fee for the sports agent's services that exceeds the amount that the athlete will receive in the same 12-month period.
Limitation on Fees. 42 Section 19. Certain Designations Pursuant to the Indenture................43 Section 20. Mandatory Redemption of or Distributions of Principal With Respect to Notes..............................................44 Section 21. List of Non-Business Days.....................................44 Section 22. Certain Findings, Determinations and Designations.............45 Section 23.
